

SIXTEENTH CONGRESSIONAL DISTRICT OF NEW YORK. 


TESTIMONY" FOR CONTESTANT IN REBUTTAL. 





WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1898 . 









CONTESTED ELECTION CASE 


OF 


BEN L. FAIRCHILD vs. WILLIAM L. WARD, 


FBOM THE 


SIXTEENTH CONGRESSIONAL DISTRICT OF NEW YORK, 


TESTIMONY FOR CONTESTANT IN REBUTTAL. 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1898 . 





S3*. 

Cj 



13064 









CONTESTED ELECTION CASE 



v 


OF 

BEN L. FAIRCHILD vs. WILLIAM L. WARD, 

FROM THE 

SIXTEENTH CONGRESSIONAL DISTRICT OF NEW YORK. 


TESTIMONY FOR CONTESTANT IN REBUTTAL. 


NOTICE OF TAKING DEPOSITIONS. 

In the House of Representatives of the United States. In the matter of the con¬ 
tested seat of William L. Ward. 

Ben L. Fairchild against William L. Ward. 

To William Ward: 

Take notice: That I shall on Monday, the 10th day of May, 1897, at the rooms of 
North Side Republican Club, No. 2601 Third avenue. New York City. N. Y., 
before William I. Brown, a notary public, in and for the city and county of New 
York, in the State of New York, at 5 o’clock in the afternoon of that day, proceed 
to take the depositions of the following-named witnesses, whose several places 
of residence are given after each name: M. W. Moseman, 155 Lincoln avenue* 
New Y'ork City: E. L. Van Orden, 153 Alexander avenue, New York City; J. E. 
McCarthy, 546 East One hundred and thirty-fourth street, New York City; George 
F. McCarthy, 546 East One hundred and thirty-fourth street, New York City; 
Theo. Hertwig, 708 East One hundred and thirty-fourth street, New Y'ork City; 
Ole Olson, corner Willis avenue and One hundred and thirty-fourth street, New 
Y'ork City; I. L. Stringham, 693 East One hundred and thirty fourth street. New 
York City: John J. Hennessy, 140 Willis avenue, New York City; John C. Gill, 
North Side, New Y'ork City; Jacob L. Schueandt, 146 Willis avenue, New Y r ork 
City; Hadley M. Greene, 594 East One hundred and thirty-fifth street, New Y^ork 
City; Richard D. Hall, 595 East One hundred and thirty-fourth street, New York 
City; A. S. Coffin, 179 Alexander avenue. New York City: Tlios. J. Cave, 554 East 
One hundred and thirty-sixth street, New York City; W. H. Tanbert, 606 East 
One hundred and thirty-sixth street, New York City; A. S. Van Orden, East One 
hundred and thirty-sixth street, New York City; David W. Erskine, 689 East 
One hundred and thirty-fifth street, New Y'ork City; Alex. Connell, 698 East One 
hundred and thirty-seventh street, New York City; Chas. Schiells, 703 East One 
hundred and thirty-sixth street, New York City; Win. C. Mason, 900 East One 
hundred and thirty-eighth street, New Y 7 ork City; Edwd. Jones, 902 East 
One hundred and thirty-eighth street, New York City; J. F. Morrissey, 230 Willis 
avenue, New York City; Harrison G. McCord, 750 East One hundred and thirty- 
eighth street, New York City; Jas. H. Raynor, 663 East One hundred and thirty- 
seventh street, New Y^ork City; Geo. Ritter. 559 East One hundred and thirty- 
sixth street. New Y'ork City; John Ritter, 559 East One hundred and thirty-sixth 

3 



4 


FAIRCHILD VS. WARD. 


street, New York City; F. W. Chapman, G16 East One hundred and thirty-eighth 
street, New York City; F. E. Pierce, 616 East One hundred and thirty-eighth 
street, New York City; Ed. C. Stumpf, 313 Alexander avenue, New York City; 
John K. Church, 558 East One hundred and forty-first street. New York City; 
Harry C. Upright, 636 East One hundred and thirty-ninth street, New York 
City; Nathan Lippman, 275 Willis avenue, New York City; Benj. F. Brown, 
601 East One hundred and thirty-ninth street. New York City; Fred A. Post, 
627 East One hundred and thirty-ninth street, New York City; Wm. T. Austin, 
760 East One hundred and fortieth street, New York City; Wm. H. Osborn, 
north side, New York City; John Johnston, corner One hundred and thirty- 
ninth street and St. Anns avenue, New York City; Theo. A. C. Hilleman, 808 
East One hundred and forty-fifth street, New York City; C. C. Curry, 706 East 
One hundred and forty-third street. New York City: M. B. Plumb, 679 East One 
hundred and forty-second street, New York City; John Gustaveson. 600 East One 
hundred and forty-first street, New York City; Wm. T. Graff, jr., 337 Alexander 
avenue. New York City: Geo. Kitchen, 492 East One hundred and thirty-ninth 
street, New York City; Geo. Tarrant, 490 East One hundred and thirty-ninth 
street. New York City; E. L. Shark, 505 East One hundred and forty-second street, 
New York City; Richard Hall, 500 East One hundred and forty-second street, 
New York City; Philip Fair, 374 Rider avenue, New York City; C. M. Hammond, 
539 East One hundred and forty-third street, New York City; Chas. Noble, 3 
Spencer place, New York City; Chas. Turners, 359 Alexander avenue, New York 
City: Chas. Scliolle, 633 East One hundred and forty-second street, New York 
City: R. H. Smith, 662 East One hundred and forty-fourth street. New York City; 
J. B. Roper, 713 East One hundred and forty-third street, New York City; John 
Anderson, 718 East One hundred and forty-fourth street, New York City; Louis 
Riemenschneider, 622 East One hundred and forty-sixth street, New York City; 
M. Katz, 610 East One hundred and Forty-fifth street. New Y 7 ork City: Henry 
Bender, 659 East One hundred and forty-fourth street. New York City: Wm. E. 
Bettels, 729 East One hundred and forty-sixth street. New York City; Henry W. 
Meyer, 474 Willis avenue. New York City: Wm. J. Bloxliam, 783 East One hun¬ 
dred and forty-sixth street, New York City; J. J. Murray, 819 East One hundred 
and forty-fifth street, New York City; James McMichael. 537 Union avenue, New 
York City; S. F. Pease, 526 Trinity avenue, New York City. 

I further give notice that I shall on Tuesday, the 11th day of May. 1897, at the 
rooms of the Union Republican Club, No. 967 Cauldwell avenue, in the city of New 
York, N. Y., before William I. Brown, a notary public in and for the citj T and 
county of New York, in the State of New York, at 5 o'clock in the afternoon of 
that day, proceed to take the depositions of the following-named witnesses, whose 
several places of residence are given after each name: Philip Storminger. 539 Court¬ 
landt avenue, New York City; Sebastian Fisher, 582 East One hundred and forty- 
ninth street, New York City: Simon Weill, 2787 Third avenue, New York City; 
Peter Rosweiler, 542 East One hundred and forty-ninth street, New York City: Emil 
Saltman, 621 East One hundred and forty-ninth street, New York City; M. Reims. 
552 Courtlandt avenue. New York City; Wm. Kirst, 585 Courtlandt avenue. New 
York City; Frank Jesbera, 562 East One hundred and fifty-first street. New York 
City: Jos. Elinev. One hundred and fiftieth street, corner Melrose avenue. New York 
City; M. Kauffman, 626 East One hundred and fifty-second street. New Y 7 ork City! 
Jno. Stradenger, 550 Bergen avenue, New York City; Peter Schmidt, 550 Bergen ave¬ 
nue, New York City: John G. Gent, jr., 605 Wales avenue, New York City; Wm. T. 
Rehun, Forest avenue, near One hundred and sixtieth street, New York City; Jno. 
Decker,841 Forest avenue, New York City; Jno. Reesenacker, 841 Forest avenue, 
New York City: Fredk. Kaiser, 639 Eagle avenue, New York City; H. Quinn. 636 
Eagle avenue, New York City; Edwd. Bissinger, 607 East One hundred and fifty- 
third street. New York City; Geo. Nustaal. 605 East One hundred and fifty-third 
street. New York City: Jos. J. Weill, 542 East One hundred and fifty-third street, 
New York City; Geo. Kelleem ere, north side. New York City: Wm. Gauter, north 
side. New York City; Henry Jung, 688 East One hundred and fifty-fifth street, New 
York City; Louis W alters, East One hundred and fifty-fourth street. New York City; 
Anthony Stumpf, 549 East One hundred and fifty-fifth street. New York City; Otto 
T. Schmidt, 561 East One hundred and fifty-fifth street, New York City; Jas. 
Baumoor. north side, New York City; Edwd. Hoetzel, north side. New York City: 
John S. Hanson, 568 Walton avenue. New York City: Phillip P. Schmidt, 828 
Courtlandt avenue, New York City; John McGreal, 840 Vanderbilt avenue, New 
York City; L. V. Couvier, jr., 692 East One hundred and sixty-second street, New 
York City; Wm. M. Neurvtli, 674 East One hundred and sixty-second street, New 
York City; Theo. D. Buak, One hundred and sixty-third and Cauldwell avenue, 
New York City; Jos. J. Schmidt, 942 East One hundred and sixty-third street, New 


FAIRCHILD VS. WARD 


0 


York City; Daniel F. Murphy, 881 East One hundred and sixty-first street, New York 
City; James H. Manson, 968 Prospect avenue, New York City; Roy H. Lyons, 955 
Prospect avenue, New York City; John Tucker. Boston street, New York City; 
Edw. Schill, Fox and One hundred and sixty-fifth streets, New York City; Wil¬ 
liam Scliill, Fox and One hundred and sixty-fifth streets, New York City; John E. 
Barston, 1020 Union avenue. New York City; Rudolph Moneberger, 1140 Tinton 
avenue, New York City; Julius H. Fox, 954 East One hundred and sixty-fifth 
street. New York City; Peter Berrian, 940 East One hundred and sixty-fifth street, 
New York City; Thomas T. W. Miner, 1150 Forest avenue, New York City; 
Richard N. Colter, 1201 Franklin avenue, New Vork City; Ernest Hall, 1067 Boston 
avenue, New York City; A. M. Erving, 1062 Washington avenue, New York City; 
Andrew Anderson, 1085 Third avenue. New York City: Henry R. Tappen, 1191 
Washington avenue, New York City; Milton J. Webster, 1181 Washington avenue, 
New York City; Charles Blenler, jr., 647 East One hundred and sixty-second 
street. New York City; Rudolph Rfostner, 544 East One hundred and sixty-third 
street, New York City; Daniel Monarily, 150 Summit avenue, New York City; 
John J. O'Brien. One hundred and sixty-first street and Sedgewick avenue, New 
York City; William Hennesey, Marcher avenue, H. B., New York City; George 
D. Smith, One hundred and sixty-fifth street and Jerome avenue, New York City; 
Charles A. Radzinsky, 1866 Webster avenue, New York City; Newton Cypher, 
Grant avenue and One hundred and sixty-fourth street, New York City; Pat H. 
Doody, 1399 Webster avenue. New York City; William I. Brown, 3428 Third 
avenue, New York City; Charles Bradbury, 1417 Webster avenue, New York City 
John B. Mockabee, jr., 1340 Franklin avenue, New York City; Harry M. Pickard, 
1317 Boston avenue, New York City; Walter L. Jenness, 1853 Main street. New 
York City; Henry Hemmecke, jr., Penfold avenue and One hundred and seventy- 
fourth street, New York City; J. Prevost Mason. 1351 Washington avenue, New 
York City; William Holmes, 752 East One hundred and seventy-second street, 
New York City; W. A. Bolton, One hundred and seventy-fifth and Prospect ave¬ 
nue, New York City; Robert C. Turner, North side, New York City; Peter Keller, 
1870 Vanderbilt avenue, New York City; A. Bedell. East One hundred and seventy- 
fourth street, near Pittsburgh avenue, New York City; Frederick Mollert, 1692 
Morris avenue, New York City: Sherwood Kipp. Mount Hope, New York City; 
William Hodgson. Morris avenue and Ash street. New York City; Dr. Knapp, 
Morris Heights, New York City; William A. Cameron, 2233 Bathgate avenue, 
New York City; William Schmid, 1984 Webster avenue, New York City; William 
B. Harned, 2043 Bathgate avenue, New York City; Rufus R. Randall, Washing¬ 
ton avenue, near One hundred and eighty-second street, New York City; Otis L. 
Fowler, 1246 Clover street, New York City; Samuel Greenfield. R. Road and 
Daly avenues, New York City; Thomas S. Gleason, Cambreeling avenue and One 
hundred and eighty-seventh street, New York City; Charles H. Reinsch, Morris 
avenue and Columbus street, New York City; Edward Vic. Keown, Lorillard 
street, Fordliain, N. Y.; Jeremiah Sullivan, K. B. Road and Hoffman sfreet, New 
York City; William Welling, Tiebout avenue, New York City; Robert Whitten, 
Webster avenue and Welsh street, New York City; L. A. Borrian, High Bridge 
Road T, New York City; Edward Rowell, K. H. Road, New York City; Sumpler 
L. Happy, 2963 Decatur avenue, New York City; L. A. Truesdel, Webster and 
South Boston, New York City: George Drake Smith, Bedford Park, New York 
City; Drake V. Smith, Bedford Park, New York City; George I. Jennings, Kings 
Bridge, New York City:_ A. S. Doinins, Church street, Kings Bridge, New York 
City; Alvali W. Seeler. Kings Bridge, New York City; Robert C. Wood, River- 
dale, New York City; Martin J. Mulone, Riverdale, New York City; William A. 
Rovener, Two hundred and thirty-fourth street, West Side, New York City, 

I further give notice that I shall, on Saturday, the 8th day of May, 1897, at the 
office of the county clerk of Westchester County, N. Y., in the town of White 
Plains, Westchester County. N. Y., before YV. W. Ford, a notary public in and for 
the county of Westchester, N. Y., at 9 o'clock in the forenoon of that day, proceed 
to take the depositions of the following-named witnesses, whose several places of 
residence are given after each name: Leverett F. Crumb, county clerk of West¬ 
chester County, residing at Peekskill, N. Y.; Charles S. Decker, deputy county 
clerk of Westchester County, residing at Purdy Station, N. Y.; John F. Jenkins, 
Sin° - Sing, N. Y. 

I further give notice that I shall, on Saturday, the 8tli day of May, 1897, at the 
law office of" George T. Capron, Railroad avenue, near John street, White Plains, 
N. Y., before W. W. Ford, a notary public in and for the county of Westchester. 
N*. Y., at 10 o'clock in the forenpon of that day, proceed to take the depositions of 
the following-named witnesses, whose several places of residence are given after 
each name: George T. Capron, White Plains, N. Y.; James F. Secor, jr., Pelham 


6 


FAIRCHILD VS. WARD. 


Manor, N. Y.; S. H. Smith, Purdy Station, N. Y.; John F. Jenkins, Sing Sing, 
N. Y.; James E. Field, White Plains, N. Y.; Isaac H. Smith, Peekskill, N. Y.; 
George I. Ruscoe, Poundridge. N.Y.; Henry Fielden, North Tarrytown, N. Y.; 
Edward B. Rear, Yorktown Heights, N. Y.; John Free, Tarrytown, N. Y.; A. E. 
Smith, Bronxville, N. Y.; William Jones, Poundridge, N. Y. 

To be read in evidence in my behalf in a certain contest with you now pending 
in the Sixteenth Congressional district of New York for the seat awarded you in 
the Fifty-fifth Congress of the United States of America by a certificate of the 
State board of canvassers of New York, in which I am contestant and you arecon- 
testee; and if from any cause the taking of said depositions should not be com¬ 
menced on the days named, or, if commenced, be noi concluded on either or both 
of said days, the taking of the same shall be continued from day to day and from 
time to time until the same shall be completed. 

And I shall also at the same time and places and before the same officers intro¬ 
duce or ask for the production of such documentary evidence in the said contest 
in my behalf as I may deem proper. 

Dated May G, 1897. 

Ben L. Fairchild, Contested 

Uity and County of New York, ss: 

Edward J. Carey, being duly sworn, says that on the 6th day of May, 1897, he 
served the foregoing notice of taking testimony upon William L. Ward by leaving 
a copy thereof at his residence in Portchester, N. Y., in charge of his wife. That 
before leaving said copy at the residence of said William L. Ward affiant made 
diligent search for him, inquiring for him in the village stores where said Ward 
appeared to be acquainted, and continued said search until near 10 o’clock p. m., 
when affiant was informed by the wife of said Ward that said Ward had gone to 
New York City: that she did not know where he was in New York City: that he 
might not return that night, or he might on last train about 1 a. m., or he might 
go to Washington without returning to his home in Portchester, she could not tell 
which. That thereupon affiant left said copy of the foregoing notice of taking 
testimony with said wife of William L. Ward at his said place of abode. 

Edward J. Carey. 

Sworn to before me this 7tli day of May, 1897. 

[seal.] Arthur Fitch, 

Notary Public, New York County. 

• NOTICE OF TAKING DEPOSITIONS. 

To William L. Ward: 

Take notice that I shall on Tuesday, the 11th day of May, 1897, at Room 32, 
No. 155 Broadway, New York City, before Dwight W. De Motte, a notary public 
in and for the city and county of New York, in the State of New York, at 9 
■o’clock in the forenoon of that day, proceed to take the depositions of the following- 
named witnesses, whose several places of residence are given after each name: 
John Case, Pelham, N. Y.; Frank C. Kingsland, Mount Vernon, N. Y.; Ben L. 
Fairchild, Pelham, N. Y.; Richard Livingston. Tarrytown. N. Y.: Hon. Benjamin 
F. Tracy, 27 West Tenth street, New York City; Walter R. Quick, 161 West 
Eighty-fourth street. New York City; S. T. Horton, Pocantico Hills, N. Y.; 
Frank M. Lyon, Pelham, N. Y.; Irving De Revere, North Tarrytown, N. Y.; 
Fred. Armstrong, Tarrytown. N. Y.; W. H. Aldridge, Tarrytown, N. Y.; Henry 
Fielden, North Tarrytown, N. Y.; Benjamin Bassett, Peekskill, N. Y.; John F. 
Jenkins, Sing Sing, N. Y.; Frank M. Buck, Mount Vernon, N. Y.; Thomas 
French, Mount Vernon, N. Y.; W. L. Marcy, Mount Vernon, N. Y.; John A. 
Hunt, Mount Vernon, N. Y.; Robert Mason, jr., Mount Vernon, N. Y.; Homer 
E. Elderkin, New Rochelle, N. Y. 

I further give notice that I shall, on Tuesday, the 11th day of May, 1897, at 
police headquarters, 300 Mulberry street. New York City, room 28, officeVf bureau 
of elections, in the city and county of New York, before Dwight W. Demotte, a 
notary public in and for the city and county of New York, at 12 o'clock noon of 
iliat day, proceed to take the depositions of the following-named witnesses, whose 
several places of residence are given after each name: Aaron C. Allen, 608 Lexing¬ 
ton avenue, New York City; Hon. Frank Moss, No 306 East One hundred and 
twentieth street. New York City; Hon. Frederick D. Grant, 25 East Sixty-second 
street. New York City: Hon. Andrew D. Parker, 20 East Twenty-ninth street, 
New York City; Hon. Avery D. Andrews, 231 West One hundred and thirty-eighth 
street, New York City; T. F. Rodenbough, Hdtel Endicott, New York City; 
William H. Kipp, No. 20 West One hundred and twenty-first street, New York 
City. 


FAIRCHILD VS. WARD. 


7 


I further give notice that I shall, on Wednesday, the 12th day of May, 1897, at 
the office of Scherer & Downs, lawyers, State street, Albany, N. Y., at 12 o’clock 
noon of that day, before J. Murray Downs, a notary public in and for the county 
of Albany, proceed to take the depositions of the following-named witnesses, whose 
several places of residences are given opposite each name: L. H. Bevans, Albany, 
N. Y.; Hon. Robert Scherer. Albany, N. Y.; Hon. Levi F. Longley, Hudson, N. Y.; 
Hon. Andrew Davidson, Albany, N. Y.; Hon. Charles Andrews, Syracuse, N. Y. 

I further give notice that I shall, on Tuesday, the 11th day of May, 1897, at the 
office of John H. Ferguson, No. 51 Warburton avenue, Yonkers, N. Y., before 
John H. Ferguson, a notary public in and for the county of Westchester, in the 
State of New York, at 9 o’clock in the forenoon of that day, proceed to take the 
depositions of the following witnesses, whose several places of residence are given 
after each name: James Bell, Yonkers, N. Y.; Edward Moffatt, Yonkers, N. Y.; 
George Christian, Yonkers, N. Y.; George Rigby, Yonkers, N. Y.; William 
Stickler, Yonkers, N. Y. 

To be read in evidence in my behalf in a certain contest with you now pending 
in the Sixteenth Congressional district of New York for the seat awarded you in 
the Fifty-fifth Congress of the United States of America by a certificate of the 
State board of canvassers of New York, in which I am contestant and you are 
contestee; and if from any cause the taking of said depositions should not be com¬ 
menced on the days named, or, if commenced, be not concluded on either or both 
of said days, the taking of the same shall be continued from day to day and from 
time to time until the same shall be completed. And 1 shall also, at the same time 
and places and before the same officers, introduce or ask for the production of 
such documentary evidence in the said contest in my behalf as I may deem proper. 

Dated May 8, 1897. 

Ben L. Fairchild, Contestant. 


County of Westchester, ss: 

Thomas Malaney, being duly sworn, says that he is upward of 21 years of age: 
that on the 8th day of May, 1897, he served the foregoing notice of taking testimony 
upon William L. Ward by leaving a copy thereof at his residence, Port Chester, 
N. Y.; that before leaving said copy at the residence of said William L. Ward 
affiant made diligent search for him, inquiring for him in the village among 
acquaintances of said Ward, by inquiring at the home of his next-door neighbors, 
whom affiant understands to be associated in business with said Ward, and by 
inquiring at the home of said Ward. In all of these said places affiant was informed 
that said Ward was somewhere in Oswego County, N. Y., and that it was uncer¬ 
tain when he would "return home or when he would leave said Oswego County; 
that he was not expected home that day. Whereupon affiant delivered said notice 
to a person of suitable age and discretion at the said residence of said Ward—his 
usual place of abode—and left said copy with said person. 

Thomas Malaney. 

Sworn to before me this 22d day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public, Westchester County. 


NOTICE OF TAKING DEPOSITIONS. 

To William L. Ward: 

Take notice that I shall, on Wednesday, the 12th day of May, 1897, at room 82, 
No. 155 Broadway, New York City, before Dwight W. DeMotte, a notary public 
in and for the city and county of New York, in the State of New York, at 10 o’clock 
in the forenoon of that day, proceed to take the depositions of the following-named 
witnesses, whose several places of residence are given after each name: L. B. Car¬ 
penter, Mount Vernon, N. Y.; J. Paul Hick, Mount Vernon, N. Y.; John H. 
Nichols, Westchester. New York City; Rev. F. M. Clendennin, Westchester, New 
York City; Henry C. Mapes, Westchester, New York City; Augustus M. Field, 
Westchester, New York City; Thomas C. Arnow, Westchester, New York City; 
John S. Mapes, Westchester, New York City; John N. Stewart, Pelham, New 
York City; Thomas Dunwoodie, Westchester, New York City; Angus Cowan, sr., 
Westchester, New York City. 

To be read in evidence in a certain contest with you now pending m the Six¬ 
teenth Congressional district of New York for the seat awarded you in the Fifty- 
fifth Congress of the United States of America by a certificate of the State board 
of canvassers of New York, in which I am contestant and you are contestee; and 
if from any cause the taking of said depositions should not be commenced on the 


8 


FAIRCHILD VS. WARD. 


day named, or, if commenced, be not concluded on said day, the taking of the same 
shall be continued from day to day and from time to time until the same shall be 
completed. And I shall also, at the same time and place and before the same offi¬ 
cer, introduce or ask for the production of such documentary evidence in the said 
contest in my behalf as I may deem proper. 

Dated May 10, 1897. 

Ben L. Fairchild, Contestant. 

State of New York, City and County of New York, ss: 

John F. Jenkins, being duly sworn, says I am over 21 years of age. On the 10th 
day of May, at Mount Vernon, N. Y., at the railroad station of the New York, 
New Haven and Hartford Railroad, I served a copy of the within hereto-annexed 
notice of taking testimony upon William L. Ward, the contestee herein, by deliver¬ 
ing to him and leaving with him the same. 

John F. Jenkins. 

Sworn to before me this lltli day of May, 1897. 

[seal.] • Wm. I. Brown, 

Notary Public 110, Neio York County 


TESTIMONY FOR CONTESTANT IN REBUTTAL. 


New York, May 10, 1897—5 o'clock p. m. 

Appearances: 

Testimony taken by the notary public, William I. Brown, esq. 

Depositions taken on behalf of the contestant herein, pursuant to notice, on the 
10th day of May, 1897, at the rooms of the North Side Republican Club, No. 
2663 Third avenue, New York City, before William I. Brown, a notary public 
in and for the city and county of New York, in the State of New York. 

NATHAN LIPMAN, being duly sworn, testfies as follows: 

By Mr. Brown: 

Q. What is your name?—A. Nathan Lipman. 

Q. Your residence?—A. 245 Willis avenue. 

Q. Did you reside there last election?—A. I did. 

Q. And you voted from that house last election?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fiftieth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?— A . Republican ticket. 

Q. Straight Republican ticket?—A. Yes, sir. 

Q. Do y<^u take an active part in your district in election affairs?—A. Yes, sir. 

Q. Do you know the sentiments expressed in your district at and prior to the 
last election regarding the individual choice of the members of your election dis¬ 
trict for a candidate for Congress?—A. A great deal was in favor of Mr. Fairchild. 
Q. Did you hear the preference expressed?—A. Yes, sir. 

Q. You know, then, the sentiments of the Republicans in your district?—A. Yes, 
sir. ✓ 

Q. You voted the straight Republican ticket?—A. Yes, sir. 

Q. That sentiment was strongly in favor of Mr. Fairchild as against Mr. Ward, 
was it not?—A. Yes, sir; before ever the nomination was made. 

Q. What was your individual preference for Congressman?—A. Well, our idea 
was that Mr. Fairchild should have the nomination. 

Q. What was your individual preference for Congressman?—A. The same. 

Q. Is it not a fact, although you favored Mr. Fairchild for Congress, you voted 
the straight Republican ticket for fear of spoiling your ballot?—A. That is right. 

Q. How many votes did Mr. Fairchild receive in your election district?—A. 
There was 1 vote in for him that was put out. One was there for Mr. Fairchild, 
which was thrown out. 

• Q. Then, with the exception of the ballot that was thrown out, Mr. Fairchild 
received no votes in your election district?—A. I guess not. 

Nathan Lipman. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[SEAL.] Wm. I. Brown, 

Notary Public, New York County. 

ARCHIBALD S. VAN ORDEN, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 608 East One hundred and thirty-sixth street. 

Q. Did you reside there last election?—A. Yes, sir. 

Q. And some time previous to that?—A. Fifteen or sixteen years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-third. 

Q. What are your politics?—A. Republican. 


9 


10 


FAIRCHILD VS. WARD. 


Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in the election affairs in your district?—A. I do. 

Q. Do you know how the sentiment was at the last election and prior to that 
time regarding the candidate for Congressman in this district?—A. I do. 

Q. You heard that preference expressed?—A. Yes. sir. 

Q. Among the members?—A. Yes, sir. 

Q. You know, then, the sentiments of the Republicans in your district?—A. I do. 

Q. What was that sentiment as far asyouknow?—A. In favor of Ben L. Fairchild. 

Q. W hat was your individual preference?—A. Ben L. Fairchild. 

Q. Why did you vote the straight ticket then?—A. Because I was a Republican 
and I voted the straight ticket. 

Q. What other reason than sentiment led you to vote the straight Republican 
ticket, if any?—A. Because I didn't want to split my ticket, in case of the loss of 
a Congressman or something. 

Q. You supposed that that sentiment was the reason that the Republicans in 
your district voted the straight ticket rather than vote for Mr. Fairchild in the 
independent column?—A. Yes, sir. 

Archibald S. Van Orden. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] " Wm. I. Brown, 

Notary Public No. 110 , New York County. 


CHARLES M. HAMMOND, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Your residence, Mr. Hammond?—A. 539 East One hundred and forty-third 
street. 

Q. You resided there prior to and up to last election?—A. Yes, sir. 

Q. You voted from that residence on last election day, did you?—A. Yes, sir. 

Q. What assembly district is that in, Mr. Hammond?—A. Fifty-eighth election 
district; Thirty-fourth assembly district. 

Q. What are your politics, Mr. Hammond?—A. Republican. 

Q. What ticket did you vote last election?—A. The straight Republican ticket. 

Q. Do you take an active part in the interests of the Republican jrarty among 
the members of your district?—A. I do. 

Q. Do you know the sentiment of the members at and prior to last election, or 
did yoti know, rather?—A. Yes, sir; I did to a certain extent. 

Q. Did you hear any preference expressed regarding the candidate for Congress 
from this district?—A. I did. 

Q. What was that sentiment?—A. The sentiment was in favor of Mr. Fairchild. 

Q. You know pretty well the sentiments of Republicans in your district, do you 
not?—A. Yes, sir. 

Q. And you knew the sentiments of the Republicans in your district who voted 
the straight Republican ticket?—A. As a rule, yes, sir. 

Q. That sentiment was largely in favor of Mr. Fairchild’s election?—A. Yes, sir. 

Q. What was your individual preference?—A. My individual preference was for 
Mr. Fairchild. 

Q. But you voted the straight Republican ticket, did you not?—A. Yes, sir. 

Q. Why did you vote the straight Republican ticket?—A. Because it was the 
straight ticket. Mr. Fairchild’s name wasn't on it, consequently I didn’t vote for 
him, and 1 will add further to that for my reasons for voting the straight ticket 
were because I didn’t want to split my ticket, and also, while my preferences were 
with Mr. Fairchild and for him, my sympathies were with him, yet I distinctly 
understood that Mr. Fairchild had sent a request here to this organization that 
the Republicans, as a body, should support the State Republican ticket, and my 
reason for voting the straight Republican ticket was at the request of Mr. Fair- 
child in that respect. 

Q. You think that same request of Mr. Fairchild led a good many of the Repub¬ 
licans in your district to vote the straight Republican ticket regardless of their 
individual preference?—A. I do; because they expressed them that way through¬ 
out the district in my conversation with different voters. 

Chas. M. Hammond. 

Subscribed aad sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

, Notary Public No. 110 , New York County. 


FAIRCHILD VS. WARD. 


11 


SAML T EL F. PEASE, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 526 Trinity avenue. 

Q. Did you reside there prior and up to last election day, November, 1896?—A. 
I did. 

Q. You lived there for quite some time before, did you not, Mr. Pease?—A. Yes, 
sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-fifth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in Republican politics in your election district?— 
A. I do; as much so as my position will allow. 

Q. Did you know the sentiments of the Republicans in your district prior and 
up to last election day?—A. I think I do, yes, sir. 

Q. Did you hear the preferences expressed among the Republicans in your dis¬ 
trict regarding the candidate for Congress?—A. Yes, sir. 

Q. What was that sentiment?—A. The sentiment was for Ben L. Fairchild. 

Q. What was your individual preference?—A. Mr. Fairchild. 

Q. You voted the straight Republican ticket last election?—A. Yes, sir; I did. 

Q. Why did you vote the straight Republican ticket?—A. Because 1 preferred 
to have a Republican, and not a Democrat, and I thought it would injure Mr. 
Ward's chances if I voted for Mr. Fairchild. I couldn’t vote for Fairchild. 

Q. Then, as a loyal Republican, you thought it your duty to support the Re¬ 
publican ticket?—A. Yes, sir: the straight Re})ublican ticket. 

Q. But your individual preferences as to Congressman were for Mr. Fair- 
child?—A. They were. 

Q. Was there any other reason than sentiment that led you to vote the straight 
Rejmblican ticket?—A. Well, I supported the whole Republican ticket right 
through as a Republican. I am a Republican from principle. 

Q. You believe the sentiment of the Republicans in your district which led 
them to vote the straight Republican ticket was based upon the fact that they 
voted the ticket regardless of the candidate named for Congressman on that ticket, 
although their preference was positively expressed for Mr. Fairchild?—A. Yes, sir. 

Q. You think that same sentiment prevailed largely among the voters in your 
district?—A. I don’t know of a Republican in our district that wasn't of the same 
opinion, as far as I heard it expressed, and I heard it talked pretty thoroughly all 
through the campaign. 

Sam’l F. Pease. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


EDWARD L. VAN ORDEN, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 573 Southern boulevard. 

Q. Did you reside there prior and up to November 3, 1896?—A. No, sir. 

Q. Where did you reside?—A. 153 Alexander avenue. 

Q. You voted from No. 153 Alexander avenue last election?—A. Yes, sir. 

Q. What assembly district was that in?—A. Thirty-fourth. 

Q. What election district?—A. Thirty-seventh. 

Q. What are your politics, Mr. Van Orden?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active interest in the politics of your district?—A. Well, I 
did in that district. I was chairman of the district at the time. 

Q. You were chairman of that district?—A. Yes, sir. 

Q. On last election day?—A. Yes, sir. 

Q. Did you know the sentiments of the members of your district up to and prior 
to last election day regarding their preferences for candidates for Congress?— 
A. Yes sir. 

Q. What was that preference?—A. For Mr. Fairchild. 

Q. Were you thoroughly acquainted with the majority of the Republicans in 
that district?—A. Yes, sir. 

Q. And you heard them express that preference?—A. Yes, sir. 

Q. What was your individual preference?—A. Mr. Fairchild. 


12 


FAIRCHILD VS. WARD. 


Q. But notwithstanding your individual preference, you voted the straight 
Republican ticket, did you not?—A. Yes, sir. 

Q. Why did you vote the straight Republican ticket?—A. I thought by not 
voting it it would be helping the Democratic candidate. 

Q. Was there any other reason than the sentiment of voting the straight Repub¬ 
lican ticket that led you to vote it instead of votihg for Mr. Fairchild as an indi¬ 
vidual candidate?—A. Only that I thought voting for Mr. Fairchild would be 
helping the Democratic candidate. 

0. And still your preference was strongly for Mr. Fairchild?—A. Yes, sir. 

Q. That, you think, was the sentiment that prevailed in your district?—A. I 
know it was. 

Q. And led the Republican voters in that district, notwithstanding their indi¬ 
vidual preference for Mr. Fairchild, to vote the straight Republican ticket?—A. 
Yes, sir. 

Q. Notwithstanding the fact that his name was not on that ticket?—A. Yes, sir. 

Edward L. Van Orden. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 


THEODORE A. C. HELLMAN, being duly sworn, testified as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 808 East One hundred and forty-fifth street. 

Q. Did you reside there at the last election?—A. Yes, sir. 

Q. And voted from that address?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fifty-third. 

Q. What are your politics?—A. Been a Republican all my days since I had a 
vote. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active interest in the politics of your district?—A. Yes, sir; 
very much so. 

(^. Do you hold any position in the district as regards the Republican organiza¬ 
tion?—A. I am the secretary of the association of the Fifty-third election district. 

Q. Do you know the sentiments of a majority of the Republicans in that dis¬ 
trict regarding their preferences for the candidate for Congress at the last elec¬ 
tion?—A. I know before election all the preference was for Mr. Fairchild. 

Q. You heard that preference expressed among the members?—A. Yes, sir; and 
without you asking me further questions, I don’t suppose that the other gentle¬ 
man, what's his name—W T ard—would have got 3 votes in my district had not the 
name been taken from our transparency, and I was here at that spread that was 
given, and Mr. Fairchild was present that night, and he himself was satisfied with 
the withdrawal. . 

Q. Then it was Mr. Fairchild's request that you vote the straight Republican 
ticket-A. (Interrupting.) Oh, no; it was not. 

Q. But did you vote the straight Republican ticket?—A. I did; yes, sir. 

Q. But your preference was for Mr. Fairchild?—A. Certainly. 

Q. What was your reason for voting the straight Republican ticket?—A. Because 
I thought Mr. Fairchild was out of the race. 

Q. Did you hear him request the members?—A. If I am not mistaken I heard 
him request the members to vote the straight Republican ticket at the time of 
the spread we had right in here, in the next hall. 

Q. And in compliance with that request you think the majority of them laid 
aside their personal preference and voted for Mr. Ward?—A. Yes, sir; because we 
thought he was out of the race. 

Q. You think that same idea prevailed among a majority of the Republicans 
throughout your district?—A. I am sure it was. 

Theo. A. C. Hellman. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 



FAIRCHILD VS. WARD. 


/ 

13 


MERWIN B. PLUMB, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 679 East One hundred and forty-second street. 

Q. Did you reside there last election day, Mr. Plumb?—A. I did. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fifty-fourth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in the affairs of the Republican party in your 
district?—A. I do. 

Q. Do you hold any position as a Republican in that district in the election 
district association?—A. Inspector of primaries. 

Q. Did you know the sentiments of the Republicans in that district prior and up 
to last election day?—A. Yes, sir. 

Q. Did you know their sentiments regarding the candidate for Congress?—A. 
Yes, sir. 

Q. What was that sentiment?—A. For Mr. Fairchild. 

Q. You heard that sentiment expressed, talked it over among the members?— 
A. Ves, sir. 

Q. Your individual preference was what?—A. For Mr. Fairchild. 

Q. Notwithstanding your individual preference you voted the straight Repub¬ 
lican ticket?—A. I did. 

Q. Why did you vote the straight Republican ticket?—A. Because Mr. Fairchild 
was out of the race, and consequently I voted for the candidate that was under 
the emblem. 

Q. Did you hear Mr. Fairchild, at any time prior to last election day, request 
the Republicans in your election district to vote the straight Republican ticket?— 
A. I didn't hear any. 

Q. What other sentiment was there, if any, that led you to vote the straight 
Republican ticket, notwithstanding your preference for Mr. Fairchild for Con¬ 
gress?—A. As I said before, I was a Republican and always voted the ticket, and 
had I known Mr. Fairchild was the candidate I certainly would have voted for 
him; as I understand he wasn't, I voted the square, regular ticket and Mr. Ward 
received my vote. 

Q. You believe that same sentiment prevailed among the majority of the mem¬ 
bers in your district?— A. Yes’, sir: I do. 

Q. That they voted the straight Republican ticket, notwithstanding the fact 
that their individual preference was for Mr. Fairchild, because of their loyalty to 
their party? that is it. 

Merwin B. Plumb. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[sexl.J Wm. I. Brown, 

Notary Public No. 110 , New York County. 


PHILIP FEHR. being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 371 Rider avenue. 

Q. Did you reside at 374 Rider avenue last election day?—A. Yes, sir. 

Q. You voted from that address last election?—A. Yes, sir. 

Q. What assembly district is that in?—A. That is the Thirty-fourth. 

Q. What election district?—A. Fifty-Seventh. 

Q. What are your politics, Mr. Fehr?—A. I belong to this party. 

(<*). What party do you mean?—A. Republican. 

Q. You voted the straight Republican ticket last election, did you?—A. Straight; 
always do. 

Q. Do you take an active part in the affairs of the Republican party in your 
district?—A. Well, I always was the leader of the district years ago, and now it 
is a little changed since the new law took effect. 

Q. At the last election did you take any prominent part in the work?—A. No; 
well, I worked my private business as much as I could get in. 

Q. You mean you did your best to see that all the Republican votes in that dis¬ 
trict were out last election day and tallied?—A. Yes, sir. 

Q. Did you know the sentiments of the Republicans in that district up to and 
prior to last election regarding their choice for candidate for Congress in this 
Congressional district?—A. I did. 


14 


FAIRCHILD VS. WARD. 


Q. You heard those sentiments expressed among the members and talked about?— 
A. Yes, sir. , 

Q. What were those sentiments of the members of that election district regard¬ 
ing their choice for candidate for Congress, Mr. Fairchild or Mr. Ward?—A. Well, 
my selection is Mr. Fairchild. 

Q. Is that your individual preference?—A. Yes, sir; perfectly. 

Q. Do you know the preferences of the Republicans in your district?—A. I 
know; yes, sir. 

Q. Were those preferences the same as yours?—A. About the same; the most of 
them. 

Q. Then the preference was for Mr. Fairchild instead of Mr. Ward, was it?— 
A. Yes, sir. 

Q. And that sentiment largely prevailed throughout that district, did it not?— 
A. Yes. sir. 

Q. You voted the straight Republican ticket, I believe you have testified?—A. 
Yes, sir. 

Q. Notwithstanding the fact that your individual preference was for Mr. Fair- 
child?—A. Yes, sir. 

Q. If your individual preference was for Mr. Fairchild, why did you vote the 
straight Republican ticket?—A. On account of my being a Republican. I took my 
ballot and voted the straight Republican ticket. 

Q. Would you have preferred to have seen Mr. Fairchild's name there rather 
than Mr. Ward's?—A. Yes, sir. You see, Mr. Fairchild’s is a name you see often, 
and I saw him a good many times, and on account of that my preference was 
for him. 

Q. But you, being a Republican, voted the straight Republican ticket?—A. 
I did. 

Q. Was there any other reason why you voted the Republican ticket?—A. I 
don't know of any other reason; it was only my idea to vote the Republican 
ticket. I am a Republican, and why should I make a change in the ticket? 

Q. Then you voted the straight Republican ticket as a Republican, without 
regard as to who was the candidate for this particular office?—A. The last election 
I voted the straight Republican ticket, but sometimes, you know- 

Q. (Interrupting.) Confine yourself simply to the question regarding the office 
of Congressman. You voted the straight Republican ticket?—A. At the last elec¬ 
tion, yes, sir. 

Q. Without any regard to who was the candidate for Congress on the ticket 
you voted?—A. Yes, sir; I voted the straight Republican ticket; but on this occa¬ 
sion, this time, certainly it is a different thing. 

Q. Well, if Mr. Fairchild's name had been on the straight Republican ticket, 
would you have voted just the same?—A. I would. 

Q. And it was simply because Mr. Ward’s name was on that ticket that you 
voted the ticket, notwithstanding the fact that your preference was for Mr. Fair- 
child?—A. Yes, that is it. 

Philip Fehr. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County . 


EDWARD C. STUMPF, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 318 Alexander avenue. 

Q. Did you reside at 313 Alexander avenue last election?—A. I resided there for 
the past four years. 

Q. And you voted from that house last election?—A. I voted from that house. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-ninth. I am chairman of the district. 

Q. What are your politics?—A. Republican; always have been. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in the Republican party’s interests in that dis¬ 
trict?—A. I did. 

Q. Did you hold any office in the district organization in the last election’—A 
Chairman of the district association; that is all. 

Q. You were chairman of the district association?—A. Yes, sir; and I am at the 
present time. 

Q. You are still chairman?—A. Yes, sir. 




FAIRCHILD VS. WARD. 


15 


Q. Did you know the sentiments of the members of the Republican party in that 
district prior to and up to last election regarding the candidates for Congressman 
from that district?—A. Well, the sentiment of 81 members of the roll in the dis¬ 
trict association, more than two-thirds of the membership, were unanimous in 
favor of Fairchild. It all depended on me. They waited for the word from me 
what to do. They certainly would have all voted for Fairchild unless I told them. 
Being the court had decided at that time in favor of Ward, placing him in the 
regular Republican column, I thought it wouldn't be wise to split the ticket. 

Q. You heard them express their preference for Mr. Fairchild instead of Mr. 
Ward as a candidate for Congress?—A. Yes, sir. 

Q. And it was simply at your suggestion, as chairman of that district, that they 
voted for Mr. Ward as the regular Republican candidate?—A. Yes, sir. 

Q. Because it had been so decided at that time?—A. Yes, sir. 

Q. What was your individual preference?—A. My individual preference up to 
the time I voted was for Mr. Fairchild, decidedly. 

Q. Notwithstanding your individual preference, you voted the straight Repub¬ 
lican ticket?—A. Yes. sir; I didn't care to split it. 

Q. You would have preferred, though, to have seen Mr. Fairchild-A. (Inter¬ 

rupting.) I would a thousand times rather see Mr. Fairchild there than anybody 
else. 

Q. Was there any other reason for your voting the straight Republican ticket 
than the sentiment as a Republican?—A. Oh, the only reason I could give, I didn’t 
consider this man, William L. Ward, capable of filling the bill; Mr. Fairchild has 
been there and been tried and found all right. 

Q. You voted for Mr. Ward?—A. I voted because I didn’t want to split the 
ticket. 

Q. You voted for Mr. Ward, not as your choice, but because as a Republican 
you were loyal to your ticket; is that it?—A % Yes, sir. 

Edward C. Stumpf. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, Neiv York County. 


CHARLES SCHIELE, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 703 East One hundred and thirty-sixth street. 

Q. Did you reside at 703 East One hundred and thirty-sixth street last election?— 
A. No, sir; 707. 

Q. You resided at 707 East One hundred and thirty-sixth street?—A. Yes, sir. 

Q. And voted from 707 East One hundred find thirty-sixth street?—A. Yes, sir. 

Q. What assembly district is that in?—A. That is in the Thirty-fourth assembly 
district. 

Q. What election district?—A. I think that was the forty-fourth. 

Q. Your politics are what, Mr. Schiele?—A. Republican. 

Q. Always have been Republican?—A. Yes, sir. 

Q. What ticket did you vote last election?—A. Straight Republican ticket all 
the wav through. 

Q. Do you take an active part in the affairs of the Republican party in your dis¬ 
trict?— A". Yes; I attend the primaries; delegate to the county convention here; 
that is, to elect delegates to the county committee. 

Q. Then you are an enrolled Republican in the district?—A. Tes, sir. 

Q. Are you well acquainted with the Republicans in the district?—A. Yes, sir; 
pretty nearly all.. 

Q. Did you hear the Republicans in that election district express their senti¬ 
ments prior and up to last election day regarding their choice for Congressman in 
that district?—A. Well, I heard several, maybe a half a dozen, say they thought 
Mr. Fairchild ought to have it. 

Q. Do you think that sentiment of preference for Mr. Fairchild that was 
expressed by these members was the sentiment of that district, as far as you 
know?—A. Yes, sir. 

Q. What was your individual preference?—A. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Straight ticket; I didn’t 
want to scratch the ticket. 

Q. Notwithstanding the fact that Mr. Fairchild was your individual prefer¬ 
ence?—A. He was. . _ _., 

Q. You voted the straight Republican ticket last election?—A. I did. 



16 


FAIRCHILD VS. WARD. 


Q. What other reason is there than sentiment that led yon to vote the straight 
Republican ticket last election?—A. Well. I naturally always vote the straight 
Republican ticket. I don’t care to split the ticket. I feel as though a Repub¬ 
lican ought to vote the straight ticket. 

Q. You think that same sentiment prevailed among the Republican voters in 
•your district also, do you?—A. Yes, sir. 

Q. And that led them to vote the straight Republican ticket?—A. Yes, sir. 

Q. Did you hear at any time any request of Mr. Fairchild to have the Repub¬ 
licans in that district vote the straight Republican ticket, notwithstanding the fact 
that Mr. Ward's name was on that ticket as a candidate for Congressman from 
this district?—A. Do you mean to say if I have heard him express that? 

Q. Yes.—A. Well, I don't know that I did; I don't know that I heard him speak 
but once, and that was at the meeting before the nomination was made. 

Q. Do you know of anybody in your district that heard Mr. Fairchild say so?— 
A. Well, I don’t know; I have never asked that; but I know this, I know they were 
all in favor of Fairchild, and they were very sorry when the thing went as it did. 

Q. And they allowed their loyalty to the party to govern their vote rather than 
their individual preference?—A. Yes, sir; I felt that way too. 

Charles Schiele. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


WILLIAM E. BETTELS, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 729 East One hundred and forty-sixth street. 

Q. Did you reside at 729 East One hundred and forty-sixth street last election?— 
A. I did. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-third. 

Q. What are your politics. Mr. Bettels?—A. I am a Republican. 

Q. How long have you resided at the place you testified to?—A. Seven years. 

Q. Are you an enrolled Republican in that district?—A. Yes. sir. 

Q. How many enrolled Republicans are there in the district?—A. One hundred 
and twenty. 

Q. How many Republican votes were cast at the last election?—A. I believe 
there were 138. 

Q. Are you personally acquainted with the 120 enrolled Republicans?—A. Oh, 
yes; I have been there when they enrolled. 

Q. Then have you known them all for some time?—A. Yes, sir. 

Q. Did you hear them express their preferences for Congressional candidates 
last fall?—A. Yes, sir. 

Q. All of them?—A. Well, the largest portion of them, the majority of them. 

Q. What was the prevailing sentiment in your district among Republicans as 
to Congressional candidates?—A. They all wanted to vote for Ben L. Fairchild. 

Q. How, then, do you account for the votes received by Mr. Ward in that elec¬ 
tion district?—A. Partly the fear of making a mistake in attempting to vote a split 
ticket under the new ballot law. and partly the fact that the issues of the last cam¬ 
paign created a more than usual sentiment for voting the straight ticket, and 
partly because Mr. Fairchild himself had discouraged voting otherwise than the 
straight Republican ticket. I might add that on the Sunday previous to election 
I attended a meeting of the chairmen of all the election districts in the Thirty- 
fourth assembly district, at which meeting it was the unanimous expression of 
opinion to inaugurate an organized movement to support Mr. Fairchild, notwith¬ 
standing the difficulty of splitting tickets under the ballot law. As a result of 
that meeting, I called upon Mr. Fairchild at the Buckingham Hotel, in this city, 
and stated to him the sentiment of the meeting, and received the response from 
Mr. Fairchild that his claims were based upon his right to be in the Republican 
column and that he made no claim for support otherwise than his claim of being 
the Republican candidate entitled to have his name printed in the Republican coh 
umn. I reported the result of my interview with Mr. Fairchild in my district. I 
desire also to add that throughout the assembly district the different Republican 
clubs and organizations having banners containing the names of the Republican 
candidates being supported by them contained during the controversy last fall 
over the question as to whose name was to be printed in the Republican column 


FAIRCHILD VS. WARD. 


17 


had printed upon such banners the name of Mr. Fairchild as the candidate for 
Congress of the Republican party, and the name of Mr. Fairchild was kept upon 
such banners as such candidate until it was announced, either the Friday or the 
Saturday before election, that the appellate court had affirmed the order placing 
Ward's name in the Republican column and that it was too late to get that 
changed before election. 

William E. Bettels, 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. —, New York County , 

FRANK W. CHAPMAN, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 016 East One hundred and thirty-eighth street. 

Q. Did you reside at 616 East One hundred and thirty-eighth street last elec¬ 
tion?—A. Yes, sir. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-eighth. 

Q. What are your politics, Mr. Chapman?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active interest in the affairs of the Republican party in your 
district?—A. I do. 

Q. Do you hold any position in the Republican district organization?—A. I am 
chairman of the district. 

Q. Do you know the sentiments of the Republicans in that district up to and 
prior to the last election regarding the choice of candidates for Congressman from 
this district?—A. Pretty well satisfied: yes. sir. 

Q. You know that sentiment?—A. Yes. sir; I know it. 

Q. You heard them express their preferences, did you not?—A. Yes, sir. 

Q. Regarding the candidate for Congressman?—A. Yes, sir. 

Q. What was that sentiment?—A. Well, it was for Fairchild. 

Q. Largely?—A. Yes, sir; the poll list will show it. 

Q. What was your individual preference?—A. Mr. Fairchild. 

Q. You stated, I believe, you voted the straight Republican ticket notwithstand¬ 
ing the fact that Mr. Fairchild’s name was not on the ticket?—A. That is what I 
did. 

Q. Why did you vote the straight Republican ticket?—A. Because it was so 
ordered. 

Q. So ordered by whom?—A. Why, his name appeared on the straight Repub¬ 
lican ticket; that is, we saw the straight Republican ticket with Ward’s name on. 
Mr. Fairchild was supjiosed to be out of it according to the decision of the court; 
that is the way I figure it. 

Q. In answer to my previous question you said it was so ordered. It was so 
ordered how?—A. Well, not only that, but because the name was in the straight 
Republican column; that is the reason I voted it. 

Q. Do I understand you to state you voted the straight Republican ticket not¬ 
withstanding the fact that Mr. Ward’s name was in that column instead of Mr. 
Fairchild’s because it was so ordered that you should vote so?—A. It wasn’t ordered; 
no, sir. I wash’t ordered to do any such thing. 

Q. You voted the ticket, then, simply because it was the straight Republican 
ticket?—A. Yes, sir. 

Q. Regardless of whose name was on the ticket?—A. No matter whose name 
was on it. 

Q. Your individual preference was for Mr. Fairchild?—A. Yes, sir. 

Q. Also the preference of a majority of the Republican voters in your district, 
you say, was for Mr. Fairchild?—A. Yes, sir. 

Q. When in your answer you stated “It was so ordered,” what did you mean 
by that?—A. I referred to the decision of the court. 

Frank W. Chapman. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[SEAL.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


1G00-2 



18 


FAIRCHILD VS. WARD. 


ALEXANDER CONNELL, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 698 East One hundred and thirty-seventh street. 

Q. Did you reside at 698 East One hundred and thirty-seventh street on last 
election day?—A. I did. 

Q. And you voted from that residence?—A. Yes. 

Q. What assembly district is that in?—A. That is in the Thirty-fourth assembly 
district. 

Q. What election district?—A. Forty-fourth. 

Q. What are your politics, Mr. Connell?—A. Republican. 

0 . Always been so?—A. Have always voted the Republican ticket. 

Q. What ticket did you vote last election?—A. Republican. 

Q. Do you take an active interest in the Republican party's affairs in your elec¬ 
tion district?—A. I do: I am secretary of the organization. 

Q. You are secretary of it?—A. Yes, sir. 

Q. By being secretary, are you acquainted with the members of that organiza¬ 
tion?—A. Yes, sir. 

Q, And also the Republican voters in that district?—A. Pretty much. 

Q. Did you know the sentiments of the Republican voters in that election dis¬ 
trict up to last election day regarding their choice for candidate for Congressman 
from this district?—A. A great many of them. 

Q. You heard them express that preference?—A. Yes, sir. 

Q. What was that preference?—A. That they were favorable to Mr. Fairchild. 

Q. Did they vote the straight Republican ticket, as far as you know, last elec¬ 
tion?—A. They did. with the exception of 4 or 5 votes that were cast for Mr. Fair- 
child. I was chairman of the board in my election district and I know whereof I 
speak, because I saw the ballots. 

Q. You know the sentiment was strongly in favor of Mr. Fairchild, do you?— 
A. Yes, sir. 

Q. What was your individual preference?—A. For Mr. Fairchild. 

Q. Notwithstanding ycur individual preference for Mr. Fairchild, then, you 
voted the straight Republican ticket?—A. I did; I voted for Mr. Ward very much 
against my wishes. 

Q. Why did you vote the straight Republican ticket?—A. Because it was the 
straight Republican ticket. 

Q. As a matter of loyalty to the party?—A. Yes, sir. I am always loyal to the 
party. 

Q. Then you voted the straight Republican ticket regardless of who the candi¬ 
date was for Congressman in the column?—A. At that election. 

Q. Not from a matter of preference?—A. As I say, 1113 ^ preference was for Mr. 
Fairchild, but as I knew an independent candidate under this new form of ballot 
stands a very poor show I voted for Mr. Ward in preference to Mr. Fairchild, 
rather than to allow a Democrat to get in. 

Q. Was there any other reason why you voted the straight Republican ticket?— 
A. No, sir. 

Q. Did not the complication of the new ballot law enter into your consideration 
some?—A. No, sir; I understand the ballot law thoroughly. I have been on the 
election board for a number of years and I have had occasion to read the law for 
my own construction. 

Q. Then, by reason of being on the board of election officers in that election 
district you are conversant with the law governing the ballots, are you not?—A. 
Yes, sir; very much so. 

Q. Do you think that the majority of the Republicans are so conversant?—A. 
No; I do not. 

Q. You referred to the difficulty of electing a man whose name appeared in an 
independent column. Will you explain the cause of that difficulty?—A. Well, 
from the mere fact of the party emblem at the top of the column and the present 
ballot being a very large sheet, a great many voters made a cross in that circle, know¬ 
ing it was the Republican emblem, in order to be sure of how they were voting. 

Alexander Connell. 

Subscribed and sworn to before me this 12 tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 


FAIRCHILD VS. WARD. 


19 


FRANK E. PIERCE, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 016 East One hundred and thirty-eighth street. 

Q- Where did you reside last election day, Mr. Pierce?—A. 610 East One hun¬ 
dred and thirty-eighth street. 

Q. You voted from that address?—A. Yes, sir. 

Q. How long have you resided there?—A. Two years this August. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-eighth. 

Q. What are your politics, Mr. Pierce?—A. Republican. 

Q. You voted the straight Republican ticket last election?—A. Yes, sir: I did. 

Q. Did you take any part in the affairs of the Republican party in your election 
district?—A. Yes, sir; 1 am secretary in that district. 

Q. You say you are secretary of the election district?—A. That is, now. 

Q. Bj^ being secretary of the election district it throws you in contact with the 
members, does it not?—A. Yes sir. 

Q. Then you are well acquainted with the Republican voters in that election 
district?—A. The largest majority of them. 

Q. Did you know their sentiments up to last election regarding their preference 
for the candidate for Congressman from this district?—A. Well, yes, sir; pretty 
well; not thoroughly, but a good majority of them I did. 

Q. Did you hear them express their preference?—A. Yes. sir; I did. 

Q. What was that preference?—A. For Mr. Fairchild. 

Q. Was the sentiment in the district in favor of Mr. Fairchild?—A. Yes, sir. 

Q. What was your individual preference?—A. Mr. Fairchild. 

Q. Notwithstanding your individual preference you voted the straight Repub¬ 
lican ticket?—A. 1 did, sir. 

Q. Why did you vote for Mr. Ward if your preference was for Mr. Fairchild?— 
A. It was simply this: I was on the election board in that district, and in making 
up my ballot I didn't read the full list down and didn't notice the difference , and 
I cast my vote as a straight Republican, supposing it was properly arranged, with 
the desire to cast a vote for the party that I was in favor of. 

Q. Then you voted the straight Republican ticket regardless of wliat the can¬ 
didate’s name was that was printed on the ticket?—A. Yes, sir. 

Q. Under the Republican emblem?—A. Yes, sir. 

Q. But your preference was for Mr. Fairchild?—A. Yes, sir. 

Q. Do you know of any others in your election district that voted the straight 
Republican ticket last election?—A. Yes, sir. 

Q. Who expressed their preference for Mr. Fairchild prior to election day?— 
A. Yes, sir: I do. 

Q. Was there any other reason than sentiment that entered into consideration 
when you prepared your ballot and voted so?—A. No, sir. 

Q. You simply voted the ticket because it was the straight Republican ticket?— 
A. Yes, sir. 

Q. Regardless of what name was printed in the column?—A. Yes, sir. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. —, New York County. 
MORTIMER W. MOSEMAM, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 155 Lincoln avenue. 

Q. Did you reside at 155 Lincoln avenue last election day?—A. I did. 

Q. How long have you resided at 155 Lincoln avenue?—A. Five years. 

Q. Are you acquainted pretty well with the voters in the district?—A. Yes, sir. 
Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Thirty-seventh. 

Q. What are your politics?—A. Straight Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the Republican party in your district?— 
A. Yes, sir; I am secretary. 

Q. You are secretary of the district association?—A. Yes, sir. 

Q. Are you thoroughly acquainted with the members of that association?— 
A. Quite well; knew who they were. 

Q. Did you know their sentiments regarding the candidate for Congressman on 








20 


FAIRCHILD VS. WARD. 


the Republican ticket last year?—A. I don’t think it was discussed at all; the head 
of the ticket was mostly discussed. 

Q. You heard none of them express their preference?—A. Not for Congressman, 

I didn’t. .. , 

Q. What was your individual preference?—A. I was for Mr. Fairchild a dele¬ 
gate to the convention indorsing that action. 

Q. Your individual preference was for Mr. Fairchild, I understand you? 

A. Yes, sir. _ . _ 

Q. Why did you vote the straight Republican ticket if your individual prefer¬ 
ence was for Mr. Fairchild?—A. To beat the Democratic candidate. 

Q. Was there any other reason than sentiment to stand by the Republican ticket 
that led you to vote it?—A. None whatever. 

Q. You simply, then, voted the straight Republican ticket because it was the 
Republican ticket?—A. That was the reason I voted it. 

Q. Regardless of who the candidate was?—A. That was it exactly. 

Q. But your individual preference was for Mr. Fairchild?—A. It was. 

Mortimer W. Moseman, 


Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 


JOHN K. CHURCH, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 558 East One hundred and forty-first street. 

Q. Did you reside at 558 East One hundred and forty-first street last election?— 
A. I did. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-sixth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the Republican party in your district?— 
A. As vice-chairman of the district. 

Q. You are vice-chairman of the district association?—A. Yes, sir. 

Q. Do you know thoroughly well the members of the Republican party in that 
district?—A. Pretty much so, sir. 

Q. Do you know their sentiments regarding the candidate for Congressman last 
fall?—A. A majority of them. 

Q. Did you hear them express their preferences and sentiments?—A. Yes, sir. 

Q. What were their sentiments?—A. Their sentiments were with Mr. Fairchild. 

Q. Their preference was for Mr. Fairchild, did I understand you to say?—A. 
Yes, sir. 

Q. What was your individual preference?—A. Fairchild. 

Q. Notwithstanding their individual preference and your individual preference, 
you voted the straight Republican ticket?—A. Yes, sir. 

Q. Why did you vote the straight Republican ticket?—A. In fact, I have always 
done it. 

Q. It didn’t enter into any consideration with you at all as to who the candidate 
was under the Republican emblem; you voted that ticket?—A. Yes, sir. 

Q. Was there any other consideration than the sentiment to stand by the straight 
Republican ticket that led you to vote for it?—A. For fear it would give the Demo¬ 
crats a chance to elect their man. 

Q. Then I understand you voted that way for fear that by voting any other way 
you would give the Democratic candidate a chance for election?—A. Yes, sir. 

Q. Notwithstanding that your preference was for Mr. Fairchild?—A. Yes, sir. 

Q. Had you heard any suggestion from the district captains requesting the 
members to vote for Mr. Ward as the candidate, so decided by the courts?—A. I 
had not. 

Q. Had you heard Mr. Fairchild so request the Republican voters to vote the 
straight Republican ticket?—A. I am pretty positive I did. 

Q. You heard Mr. Fairchild so request?—A. Yes, sir. 

Q. Would you have preferred to have voted for Mr. Fairchild?—A. Yes, sir; I 
only wish there was some way I could have done it. 

John K. Church. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County, 


FAIRCHILD VS. WARD. 


21 


CASSIUS C. CURRY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 704 East One hundred and forty-third street. 

Q. Did you reside at 704 East One hundred and forty-third, street on last election 
day?—A. I did. 

Q. You voted from that address?—A. I did, sir. 

Q. How long have you resided there?—A. A year. 

Q. What assembly district is that in?—A. That is the Thirty-fourth. 

Q. What election district?—A. Fifty-third. 

Q. What are your politics, Mr. Curry?—A. I am a Republican. 

Q. What ticket did you vote last election?—A. Republican ticket. 

Q. All the way through?—A. All the way through. 

Q. Do you take an active partin the affairs of the Republican party in your dis¬ 
trict?—A. I do, sir. 

Q. Do you hold any position in the district organization?—A. Well, a delegate. 

Q. You have been a delegate from your district to the several conventions?—A. 
I have, sir. 

Q. Do you know the sentiment, or did you know the sentiment, of the members 
of the election district regarding the candidate for Congressman prior and up to 
last election?—A. We expected to vote for Mr. Fairchild. 

Q. You say you expected to vote for Mr. Fairchild?—A. Yes, sir; until we got 
word to the contrary; we understood Mr. Fairchild had sent word to the assembly 
district for us to vote the straight Republican ticket. 

Q. Then, I understand you to state, Mr. Curry, that the sentiments of Repub¬ 
licans in your district were for Mr. Fairchild?—A. As far as I am acquainted with 
them. 

Q. And they simply voted the straight Republican ticket at Mr. Fairchild's 
request?—A. That is the understanding. 

Q. You believe that sentiment prevailed largely in that district?—A. It did. 

Q. Your individual preference was Mr. Fairchild, was it?—A. Yes, sir. 

Q. And your only reason for voting the straight Republican ticket was because 
Mr. Fairchild had requested the members of the Republican party to do so?—A. I 
should have voted that way without his request, as I vote the Republican ticket. 

Q. Notwithstanding the fact that Mr. Fairchild was your personal preference?— 
A. Mr. Fairchild was my personal preference, but the instructions were received 
that we must vote for Mr. Ward. 

Q. Because he was in the regular Republican column?—A. Yes, sir. 

Q. And at that time was recognized as the regular candidate?—A. So I believe. 

Q. Then your only reason for voting for Mr. Ward was because he was in the 
regular Republican column?—A. That was the reason. 

Q. But while you voted the straight Republican ticket your preference was for 
Mr. Fairchild?—A. It was. 

Q. Was there any other reason than your sentiment as a regular Republican to 
stand by the straight Republican ticket that led you to vote that way?—A. No, sir. 

Cassius C. Curry. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[SEAL.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

ALBERT S. COFFIN, being duly sworn, testified as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 179 Alexander avenue. 

Q. Did you reside there last election day?—A. I did; yes, sir. 

Q. And voted from that address?—A. I did. 

Q. How long have you resided there?—A. Well, two years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-second. 

Q. What are your politics, Mr. Coffin?—A. Straight Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Are you in any way connected with the Republican organization in that 
district?—A. I am. 

Q. Do you hold any position?—A. I hold no official or municipal position. 

Q. Are you actively engaged in the affairs of the Republican party in that 
district? —A. Well, yes; practically so; lam chairman of the district. 

Q. Then you hold the position of chairman in the district organization?—A. I 
did, indeed; yes, sir. 


22 


FAIRCHILD VS. WARD. 


Q. Did you know the sentiments of the members of the district organization 
prior to last election regarding the choice of candidates for Congressman in this 
district?—A. Well, there was very little sentiment expressed; but I might explain 
that my district is really the worst district, so far as Republican members are con¬ 
cerned, in the Thirty-fourth assembly district, there being only about 60 straight 
Republican votes out of 200 and more. 

Q. About how many Republicans have you enrolled in your district?—A. We 
have 40 enrolled. While I am not prepared to state the sentiments at large of 
these people, they were perfectly willing to vote for Mr. Fairchild when election 
day came, and quite a number of them came to me personalty and wanted to know 
why they should not vote for Mr. Fairchild. 

Q. Notwithstanding the fact that Mr. Ward's name had been placed in the regu¬ 
lar column?—A. Yes, sir; in fact, a few of my personal friends—it was with the 
greatest difficulty that I persuaded them to vote for Mr. Ward; they were resolved 
to vote for Mr. Fairchild. 

Q. Then, practically the sentiment of the Republicans in that district was for 
Mr. Fairchild.—A. For Mr. Fairchild. It was known of course that Mr. Fair- 
child was holding office, and that he was very popular throughout the district, and 
was to be a candidate for reelection, and those of the Republicans who took any 
interest whatever were more than aware of that fact, and were perfectly willing 
to vote for him; but as for active interest, a thoroughly active interest, I can’t say 
that such an interest existed. There were people who belonged, many of them, 
to the middle and lower class, lower end of the middle class, and the lower classes, 
who are straight out-and-out Republicans, who came to the booth on election day 
and put in their vote. Many of them came and asked me, “Is this ticket perfectly 
satisfactory to the Republican party? ” 

Q. That is, the sample ballots which were given out. j'ou mean?—A. Yes, sir; of 
course I explained to them Mr. Ward’s name was not satisfactory, but inasmuch 
as they were all straight out-and-out Republicans, they must vote for him. 

Q. What was your individual preference?—A. My individual preference was 
unreservedly for Mr. Fairchild. 

Q. Notwithstanding your individual preference you voted for Mr. Ward?—A. I 
did indeed, for the express purpose of being a straight out-and-out Republican, 
having nothing said to me afterwards that I was running away from the straight 
and narrow path. 

Q. Do you know of any other reason, Mr. Coffin, that led the Republican voters 
in your district to vote the straight Republican ticket other than the sentiment of 
being straight Republicans?—A. No, sir; I do not. There is very little individual 
preference there. Well, I will qualify that; 1 won't say individual preference, 
but they are of such a class that they are not altogether competent to make a fine 
distinction as to who and what is concerned on the ticket. 

Q. Then you think they voted the straight Republican ticket to be sure and vote 
the Republican ticket?— A. I do indeed; yes, sir. 

Q. Is that what you meant by your last answer?—A. Many of them came to me 
and says: “Is this the straight Republican ticket: is this perfectly satisfactory to 
those who are supposed to be deeply interested in the affairs of this district?” and 
if I answered in the affirmative they make their cross and vote the ticket without 
further question. If I should have expressed any preference for Mr. Fairchild and 
said, “Vote for Mr. Fairchild irrespective of any other name you may find on the 
other side of the ticket,” they would have done so. 

Q. When you say they came to you with the tickets, you mean they came with 
the pink sample printed ballots, do you not?—A. Yes, sir. 

Q. These people whom you say came to you are among the people, are they, 
whom you refer to as being acquainted with their desires in the matter?—A. Yes, 
sir. 

Q. Many of them whom you say had personal preferences for Mr. Fairchild?— 
A. Yes, sir. 

Q. Have you found in your experience that the difficulty of voting a split ticket 
deters some men from voting other than a straight ticket for fear of spoiling their 
ballot?—A. That is certainly so. There are voters who, from a limited education 
or from foreign birth, find it difficult to distinguish otherwise than by following 
the party emblem. Some, I think, it would be absolutely impossible for them to 
split a ticket or vote otherwise than by being guided by the party emblem. 

Albert S. Coffin. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


FAIRCHILD VS. WARD. 


23 




WILLIAM T. AUSTIN, being duly sworn, testified as follows: 

By Mr. Brown: 

Q. Wliat is your residence?—A. 760 East One hundred and fortieth street. 

Q. Did you reside at 760 East One hundred and fortieth street last election?— 
A. Yes, sir. , 

Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. In the present house, I guess, about six 
years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fifty-second. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any interest in the affairs of the Republican party in your elec¬ 
tion district?—A. As far as chairman of the district is concerned. 

Q. You are chairman of the district?—A. Yes, sir. 

Q. Then you are acquainted with the Republican voters in that district, I pre¬ 
sume?—A. I am. 

Q. What was the sentiment among the Republican voters in your election dis¬ 
trict last fall respecting Congressional candidates?—A. Well, the sentiment was 
to vote for the candidate nominated hy the convention which nominated Mr. 
Fairchild. Their preference for individual candidates was for Mr. Fairchild. 

Q. What was your personal preference?—A. I preferred Mr. Fairchild. 

Q. Notwithstanding your personal preference, though, you voted the straight 
Republican ticket?—A. Yes, sir. 

Q. Why did you vote the straight Republican ticket?—A. Well, the main rea¬ 
son was because Mr. Fairchild was on this independent ticket, and I didn't think— 
well, I voted it simply because I wanted to vote the straight Republican ticket 
out and out, wanted to conform with the Republican ticket. 

Q. Notwithstanding the fact that your personal preference was for Mr. Fair- 
child?—A. Yes, sir. We understood from the decision of the court Mr. Ward was 
the candidate; it was so ordered by the court. The difficulty of voting a split 
ticket under the new ballot law would deter some from voting otherwise than the 
straight ticket, for fear of spoiling the ticket. In this particular case there was a 
particular reason for its being so, on account of the ballots having in the column 
in which the name of Fairchild appeared a circle at the top, as well as a blank 
space at the side, and in one instance a man voted the Republican ticket by put¬ 
ting his cross in the Republican circle and a cross also in the circle at the top of 
the Fairchild ticket. Although the intent of the voter was perfectly plain to 
myself, it was objected to by the other side that that ballot ought to be thrown 
out, because he should, under the ballot law, have placed the cross in the blank 
space by the side of Mr. Fairchild’s name instead of the circle at the top, and that 
point was very confusing to voters in my district. 

Wm. T. Austin. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

JAMES H. RAYNOR, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 663 East One hundred and thirty-seventh street. 

Q. Did you reside at 663 East One hundred and thirty-seventh street last elec¬ 
tion?—A. Yes, sir. 

Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Two years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-sixth. 

Q. What are your politics, Mr. Raynor?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. I 
voted it ever since I was able to vote. 

Q. Do you take any active interest in the affairs of the Republican party in your 
district?—A. I did. 

Q. Do you hold any position in the Republican organization in that district?— 
A. No, sir: I was a worker. 

Q. I understand you to say you were a worker at the polls election day?—A. 
Yes, sir. 


FAIRCHILD VS. WARD. 


24 




Q. Were you acquainted with a majority of the Republicans in that district?— 
A. I was. 

Q. Did-you know their sentiments regarding the candidate for Congressman 
from this district?—A. Quite a number of them; quite a number of them came to 
me and asked which way they should vote in regard to Congressman, and I told 
them as long as the ticket was made tip for Ward they had better vote that way. 

Q. What do you mean, Mr. Raynor, by ‘-The ticket was made up for Ward?”— 
A. I referred to the court—the decision of the court. Although I hated to vote 
the ticket myself, or have anybody else vote it. and was at a loss which way to 
vote, I said as long as that was the way the ticket was printed I considered they 
should vote it. 

Q. You voted it and also instructed others to vote the straight Republican 
ticket?—A. No, sir; 1 crossed Ward’s name; I didn't vote it. 

Q. But you instructed others to vote the straight Republican ticket?—A. Yes, 
sir; they asked me whether they should vote for Fairchild or somebody else, and I 
said to vote straight for fear they would mix it up. 

Q. You so instructed them to vote the straight Republican ticket because of the 
court’s decision?—A. Yes, sir. 

Q. Under our new ballot law do you find that voters are deterred from split¬ 
ting their ticket for fear of making a mistake and destroying their ballot?—A. 
Yes, sir. 

Q. And is that what you meant when you used the expression “afraid of mixing 
it up? ’C-A. Yes, sir. 

Q. What was the general sentiment among the Republican voters in your elec¬ 
tion district regarding Congressional candidates?—A. They were for Mr. Fair- 
child. 

James H. Raynor. 

t 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

WILLIAM H. OSBORN, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 690 East One hundred and fortieth street. 

Q. Mr. Osborn, did you reside at 690 East One hundred and fortieth street last 
election?—A. I did. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. That is the Thirty-fourth assembly 
and fifty-second election district. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. I voted what is known as the 
straight Republican ticket. 

Q- Did you know the sentiment of voters in that district regarding the candidates 
for Congressman at the last election?—A. Well, I couldn’t say that I did; I only 
knew just how I felt myself about it. 

Q. What was your personal preference?—A. I would have preferred voting for 
Mr. Fairchild. 

Q. Do you take an active part in the district politics?—A. Yes, sir; I am a mem¬ 
ber of the district committee and delegate to the conventions two or three times. 
Mr. Austin, being chairman of the district, took an active part in matters. I knew 
what his preference was, that it was for Mr. Fairchild, and I felt that way myself 
and my son felt that way, but we were afraid if we split up the ticket we would 
lose our votes, and we voted the straight ticket. I presume others felt the same 
way. 

William H. Osborn. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

CHARLES NOBIS, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. No. 8 Spencer place. 

Q. Mr. Nobis, did you reside at 3 Spencer place last election dav?—A. Yes sir 

Q. And voted from that address?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fourth assembly district, 
Fifty-eighth election district. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 


FAIRCHILD VS. WARD. 25 

Q- Bid you take any interest in the affairs of the Republican party in that dis¬ 
trict?—A. I did. 

Q. Do you hold any position in the Republican district organization?—A. Not 
at present. 

Q- Bid y° u that time?—A. I have acted as secretary different times, tem¬ 
porary. 

Q. You were acting secretary?—A. For certain meetings. 

Q- Do you know the Republican voters in that district pretty well?—A. Nine 
out of ten. 

Q. Do you know their sentiments regarding their candidate for Congress?—A. 
Previous to election they all favored Mr. Fairchild for getting the nomination, 
but when they found out that Mr. Ward was declared to be the regular candidate 
by the court, why they said they would support him, because they said “if we 
take and vote for Mr. Fairchild it is only a vote for Travis,” so rather than vote 
for Mr. F airchild, and so have both defeated, they voted the straight Republican 
ticket, with Ward's name on it. 

Q. Your personal preference was what?—A. Ben L. Fairchild. 

Q* But you voted the straight Republican ticket notwithstanding your personal 
preference?—A. Yes, sir. 

Q. Under our new ballot law do you find that voters are deterred from splitting 
their ticket for fear of making a mistake and destroying their ballot?—A. Yes; and 
for this reason a great many voters are guided solely by the party emblem, and to 
an extent that renders it practically impossible to elect a man unless he is in the 
straight party column. 

Charles Nobis. 

Subscribed and sworn to before me this 12tli day of May,-1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

GEORGE REITTER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 559 East One hundred and thirty-sixth street. 

Q. Did you reside at 559 East One hundred and thirty-sixth street on last elec¬ 
tion day?—A. Yes. sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you resided there?—A. About three years. 

Q. What, assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-seventh. 

Q. What are your politics?—A. Republican. 

Q, What ticket did you vote last election?—A. Straight Republican. 

Q. Did you take an}’ part in the affairs of the Republican organization in your 
district?—A. Chairman of the district. 

Q. You are chairman of that district?—A. Yes, sir. 

Q. Are you pretty well acquainted with the republican voters in your district?— 
A. Yes, sir. 

Q. Did you know their sentiment last fall regarding the Congressional candi¬ 
dates?—A. Before election their sentiments were for Mr. Fairchild. 

Q. You knew their sentiment to be for Mr. Fairchild?—Yes, sir. 

Q. What was your individual preference?—A. For Mr. Fairchild? 

Q. What caused the large straight Republican vote in your election district, in 
view of the sentiment which you stated existed in the district favorable for Mr. 
Fairchild for Congress?—A. The fear of spoiling the ballot by attempting to split 
the ticket under our new ballot law deterred voters from voting in any other way 
than by following the guide of the party emblem. There is a large foreign ele¬ 
ment in the district, and-there are a great many others that are just as bad, from 
their knowledge in attempting to vote otherwise than by following the party 
emblem. 

Geo. Reitter. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown. 

Notary Public No. 110 , New York County. 

IRA L. STRINGHAM, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 693 East One hundred and thirty-fourth street. 

Q. Did you reside at 693 East One hundred and thirty-fourth street last elec¬ 
tion?—A. I did. 


26 


FAIRCHILD VS. WARD. 


Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Six years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fortieth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active interest in the affairs of the Republican party in your 
district?—A. I do. 

Q. Do you hold any position in the district organization?—A. Chairman. 

Q. You are chairman of your district?—A. Yes, sir. 

Q. And have resided in that district six years?—A. Yes, sir. 

Q. Are you acquainted with the Republican voters in that district?—A. I am. 

Q. Do you know their sentiments regarding the Congressional candidates last 
election day?—A. I do. 

Q. What was that sentiment?—A. Mr. Fairchild. 

Q. What was your individual preference last fall for Congressional candidate?— 
A. For Mr. Fairchild. I would have voted for Mr. Fairchild if his name had been 
in the regular column. It was because his name was not in the regular column, 
the irregularity of his name being in the Independent column, that caused me to 
vote as I did. The voters in my district voted the straight Republican ticket 
because of regularity only, although their personal preferences were for Mr. Fair- 
child. I am in a position to know that that is the case. There are undoubtedly a 
number of voters in 'that district who would be deterred from splitting the ticket 
because of the fear of losing their ballot. 

Ira L. Stringham. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

JOHN RIETTER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 559 East One hundred and thirty-sixth street. 

Q. Did you reside at 559 East One hundred and thirty-sixth street last elec¬ 
tion?—A. Yes, sir. 

Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-seventh. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part of the affairs of the Republican organization of that 
district?—A. Yes, sir. 

Q. Did you hold any position in the district organization?—A. Inspector. 

Q. Inspector of election?—A. Yes, sir. 

Q. Did you serve as inspector of election last election?—A. Yes, sir. 

Q. In taking an active part in the Republican politics in the district and being 
an inspector of elections, do you come in contact with the voters in the district in 
a way that you would know the sentiment of Republican voters in the district, 
and did you know their sentiment last fall respecting Congressional candidates?— 
A. Yes, sir; I did. 

Q. What was that sentiment?—A. For Fairchild. 

Q. What was your personal preference?—A. For Fairchild. 

Q. Notwithstanding your personal preference, you voted the straight Republican 
ticket?—A. Yes. sir. 

Q. How is it that witn the sentiment among the voters in the district for Mr. 
Fairchild that so large a straight Republican vote was cast, including Mr. Ward’s 
name in the Republican column?—A. For regularity and the decision of the courts 
favorable to Mr. Ward would in part account for it, and the difficulty of splitting 
the ballots prevents voters from voting in any other wav than the straight ticket 
for fear that m attempting to split the ticket they would render their ballot void. 
The voteis aie guided in great part bj^ the emblem at the top of the party column. 

John Reitter. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 






FAIRCHILD VS. WARD. 


27 


MOSES KATZ, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 610 East One hundred and forty-fifth street. 

Q. Did you reside at 610 East One hundred and forty-fifth street last election?— 

A. I did. 

Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. This is the fifth year. 

Q. Four years?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-first. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any active part in the affairs of the Republican organization in 
that district?—A. I do. 

Q. Do you hold any position in the district organization?—A. I do. 

Q. What position did you hold?—A. Secretary. 

Q. You are secretary?—A. Yes, sir. 

Q. And you have lived pretty nearly five years in that district?— A. Pretty near; 
yes, sir. 

Q. Are you largely acquainted with Republican voters in that district?—A. 
Naturally so; yes, sir. 

Q. Did you know their sentiments last fall regarding Congressional candi¬ 
dates?—A. Yes, sir. 

Q. What was that sentiment?—A. For Ben L. Fairchild. 

Q. What is your personal preference?—A. Mr. Fairchild. 

Q. Notwithstanding the fact that the sentiment in that district was largely in 
favor of Mr. Ben L. Fairchild for Congressman, how do you account for the large 
straight Republican vote cast in that district, which included Mr. Ward's name 
in the Republican column?—A. The reason that the votes—that is, I thought so, 
and I spoke to a great many and they thought so—that we might make a mistake 
in voting for Mr. Fairchild, and thereby the ballots wouldn’t be counted; and that 
is the reason why they voted the straight Republican ticket. Their sentiments 
were for Mr. Fairchild; in fact, all of them I spoke to, and I spoke to a great many. 
There are a great many foreign voters in the district who are necessarily guided 
entirely by the party emblem because of their lack of knowledge of the English 
language. 

Moses Katz. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] ' Wm. I. Brown, 

Notary Public No. 110 , New York County. 

WILLIAM J. BLOXHAM, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 788 East One hundred and forty-sixth street. 

Q. Did you reside at 783 East One hundred and forty-sixth street last election?— 
A. Yes, sir. 

Q. You voted from that address?—A. I did. 

Q. How long have you lived there?—A. I have lived there about fifteen months. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-fourth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. I voted the straight Republican 
ticket. 

Q. Did you take anv part in the affairs of the Republican party organization in 
that district?—A. I did not. 

Q. What was your personal preference regarding Congressional candidates?— 
A. My personal preference was Mr. Fairchild. 

Q. Did you know any other Republican voters in the district who voted the 
straight Republican ticket?—A. I do. 

Q. Did you know their personal preference regarding the Congressional candi¬ 
date?—A. Yes, sir; their personal preference was for Mr. Fairchild. Party regu¬ 
larity and the fear of helping the opposite party led to support of the straight 
Republican ticket. 

Wm. J. Bloxham. 

Subscribed and sworn to before me this 12th day of May, ,1897. 

[seal.] ’ Wm. I. Brown, 

Notary Public No. 110, New York County. 


28 


FAIRCHILD V\S. WARD. 


JOHN B. ROPER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Did you reside at 713 East One hundred and forty-third street?—A. Yes, sir. 

Q. Did you vote from that address last election?—A. Yes, sir. 

Q. How long have you lived there?—A. Ten or twelve years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixtieth. 

Q. What are your politics?—A. I am a Republican. 

Q. What ticket did you vote last election?—A. I voted the straight Republican 
ticket. 

Q. Do you take any part in the affairs of the Republican organization in that 
district?—A. Yes, sir; always have. 

Q. Do you hold any position in the Republican district organization?—A. Yes, 
sir. 

Q. What position do you hold?—A. Vice-chairman. 

Q. You are vice-chairman of your district?—A. Yes, sir. 

Q. You stated, I believe, that you were a resident of that district for a period of 
ten years and were vice-chairman of your district?—A. Yes, sir. 

Q. Do you know the sentiment of the Republican voters in that district regard¬ 
ing a candidate for Congress last fall?—A. Yes. sir. 

Q. What was that sentiment?—A. Most all Fairchild men. 

Q. What was your personal preference regarding Congressional candidates last 
fall?—A. It was for Mr. Fairchild, and a great many others, because I talked with 
them and we were in consultation about it. 

Q. How do you account for the large straight Republican vote when it included 
Mr. Ward’s name, in view of your statement that the sentiment in the district was 
for Mr. Fairchild?—A. They were afraid of splitting their ticket for fear of spoil¬ 
ing their ballots. 

John B. Roper. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

CHARLES SCHOLLE, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 633 East One hundred and forty-second street. 

Q. Did you reside at 633 East One hundred and forty-second street last Novem¬ 
ber?—A. I did. , 

Q. You voted from that address last election day?—A. I did. 

Q. How long have you lived there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fifty-ninth. 

Q. What are your politics?—A. Straight Republican. 

Q. What ticket did you vote for last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the district organization of the Repub¬ 
lican party?—A. I was secretary of the district, and I was captain on election day. 

Q. Are you acquainted with many of the Republican voters in that district?— 
A. I have been captain for two years, and that certainly shows I must know them. 
I am acquainted with most of the Republican voters of my election district. 

Q. Did you know their individual preferences for Congressional candidate last 
fall?—A. My election district is located right opposite this clubroom, and anyone 
knows that they are mostly American born, intelligent voters. We all know there 
has been a big transparency on this building before election, and Mr. Fairchild's 
name was on it in big letters, lit up every night, and they didn’t know there was 
anybody else running for Congressman but Mr. Fairchild, and that is all that 
was talked about. Many Republican voters two or three days before election 
noticed it was wiped out and another name was put on it, and then they got talk¬ 
ing about it. “How is this?” /• Well, so and so,” and “So and so, what are you 
going to do? A great many didn t ask what they would do, but simply went in 
and voted the straight ticket. We know the majority of the people did that from 
the votes counted at the poll. The majority of the votes cast are straight, very 
few split tickets: but, as 1 say, they didn’t know of anyone else running for Con¬ 
gress before election. They were in favor of Mr. Fairchild, and when they found 
there was another party running, that there was a contest, a fight over it_ 

q. (Interrupting.) In the courts?—A. Yes, sir; in the courts: and it was decided 
in favor of Mr. Ward. Those that asked me about it, I said, “Put in a straight 






FAIRCHILD VS WARD. 


29 


ticket. Hie position I held called for that as a matter of principle; it called for 
me to tell them to vote that way. I would put in a straight ticket every time, 
because by putting in a split ticket I would help the enemy along, and thereby I 
mean the Democratic candidate. I mean by that, if my brother was running inde¬ 
pendent, I would vote the other ticket, because by voting for him I would simply 
help the Democratic candidate and hurt the other party. I said the conns had 
decided that Mr. Ward was the regular nominee of the Republican party, and I 
am satisfied the voters of the district understood so from the fact that this here 
club wiped out the name of Mr. Fairchild on the transparency and put the other 
one in. 

Q. And this club to which you refer is in your Republican district?—A. Yes, 
sir. 

Charles Scholle. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

GEORGE F. MCCARTHY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 546 East One hundred and thirty-fourth street. 

Q. Did you reside at 546 East One hundred and thirty-fourth street last Novem¬ 
ber?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. Six years. 

Q, What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Thirty-eighth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Did you take any part in the affairs of the Republican organization in your 
district?—A. I did. 

Q. What position do you hold, if any?—A. Secretary. 

Q. You are secretary of the district organization in your district?—A. I am. 

Q. The election district organization?—A. Yes, sir. 

Q. And you have resided in that district six years?—A. Yes, sir. 

Q. Are you well acquainted with the Republican voters in your election dis¬ 
trict?—A. I am. 

Q. Did you know their sentiments last fall regarding the candidates for Con¬ 
gress in this district?—A. I did. 

Q. What was their sentiment?—A. For Mr. Fairchild. 

Q. What was your jiersonal preference?—A. Mr. Fairchild. 

Q. You voted the straight Republican ticket then, with Mr. Ward's name on it, 
notwithstanding your personal preference for Mr. Fairchild?—A. I did. 

Q. How do you account for the large straight Republican vote cast in this dis¬ 
trict notwithstanding the personal preference of the voters for Mr. Fairchild?— 
A. It was the fear of splitting the ticket and, by making a mistake, having the bal¬ 
lot thrown out. 

George F. McCarthy. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 

JOHN F. MORRISSEY, called and sworn as a witness, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 230 Willis avenue. 

Q. Did you reside at 230 Willis avenue last November?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-sixth. 

Q. What are your politics?—A. Republican. 

Q. What ticket’did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the interest of the Republican party in that 
district?—A. I do. 

Q. Are you an enrolled Republican in that election district?—A. I am. 

Q. Do you hold any position as an enrolled Republican in the election district 
organization?—A. I am chairman of the district. 



30 


FAIRCHILD VS. WARD. 


Q. You are chairman of your election district?—A. Yes, sir. 

Q. And you have lived in that district three years?—A. Three years. 

Q. Did you know the sentiments of the Republican voters in that district last 
fall regarding the candidates for Congress?—A. I did; I know them pretty well. 

Q. What was that sentiment?—A. In favor of Mr. Fairchild. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. How do you then account for the fact that the straight Republican ticket 
received such a large vote in that district, notwithstanding the fact that the pref¬ 
erence of the majority of the voters was for Mr. Fairchild instead of Mr. Ward?— 
A. Well, on the score of regularity, and partly through my instructions. I in¬ 
structed that all voters I was acquainted with to vote the straight Republican 
ticket, as it was a dangerous method to trifle with the marking in the independent 
column, for in doing this they might cause their own ballots to be void, and not 
only lose it for the Congressional candidate, but also for the national candidate, 
the President. 

Q. Do you consider the fact that the last election was a President election caused 
the voters to vote the straight Republican ticket, notwithstanding their individual 
preferences that they might have for candidates not in the party column?—A. 
That is the chief cause; that is, I believe it to be that; in fact, 1 am pretty certain 
of that. 

Q. So far as the acquaintances you have among the Republican voters about 
which you have already testified are concerned, was that the cause?—A. That was 
the cause, and the fear of having the ballots thrown out by making a mistake 
affecting the national candidates as well as Congressional candidates. The senti¬ 
ment of the district was entirely in favor of Mr. Fairchild. 

John F. Morrissey. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County . 

RICHARD H. SMITH, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 662 East One hundred and forty-fourth street. 

Q. Did you reside at 662 East One hundred and forty-fourth street last Novem¬ 
ber?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you resided there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixtieth. 

Q. What are your politics, Mr. Smith?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the Republican organization in that 
district?—A. Chairman of the Republican district organization. 

Q. And you have lived there three years?—A. Yes, sir. 

Q. Are you well acquainted with the Republican voters in that district?—A. 
Great many of them, the majority of them. 

Q. Are you acquainted with a majority of the voters in that district?—A. 
Yes, sir. 

Q. Do you know their sentiments regarding the Congressional candidates last 
fall?—A. The sentiments of those with whom I spoke, and that was, you might 
say, the whole district organization, were strongly in favor of Fairchild, and he 
was the one candidate talked about. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. How do you, then, account for the large regular Republican vote cast in that 
district, notwithstanding the fact that the sentiments of the majority of the 
voters in the district were for Mr. Fairchild in Congress?—A. Well. I can account 
for that in the plea of regularity; that they didn't split their tickets. There were 
no split tickets in my district at all. They were told not to split their ticket on 
the score of not helping Mr. Travis, the Democratic candidate, fearing their bal¬ 
lots might not be counted through some mistake in marking or such. Under our 
ballot law it is difficult for many voters to split the ticket without making a mis¬ 
take and having their ballot declared void, and this makes it almost impossible to 
support a candidate successfully in any other column than the partv column. 

Richard H. Smith. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown. 

Notary Public No. -, New York County. 



FAIRCHILD VS. WARD. 


31 


HENRY BENDER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 659 East One hundred and forty-fourth street. 

Q. Did you live at 659 East One hundred and forty-fourth street last election?— 
A. I did. 

Q. You voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About twelve years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-second. 

O- What are your politics, Mr. Bender?—A. Republican. 

Q. What ticket did you vote last fall?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the district organization of the Repub¬ 
lican party?—A. Chairman of the district. 

Q. You are chairman of the district organization?—A. Yes, sir. 

Q. Have you resided in that district for twelve years?—A. Yes, sir. 

Q. Are you well acquainted with the Republican voters in that district?—A. 
The majority of them; yes, sir. 

Q. Did you know their sentiments regarding the Congressional candidates last 
fall?—A. I did. 

Q. What was that sentiment?—A. For Mr. Fairchild. I even had great trouble 
in getting them to vote the ticket at all. because Mr. Fairchild’s name was 
scratched off. 

Q. What is your personal preference?—A. My personal preference was for Mr. 
Fairchild. 

Q. How do you, then, account for the fact that the straight Republican ticket 
received so large a vote in that district, notwithstanding the preference of a major¬ 
ity of Republican voters for Mr. Fairchild?—A. Being it was the regular ticket, 
the regularity only, and through my instructions partly; to do otherwise might 
injure the party vote entirely. A great many would not scratch the ticket for 
fear of making a mistake and having the ballot thrown out. We have in our 
district mixed voters of different nationalities who would fear splitting a ticket, 
and in many cases would find it impossible to vote otherwise than by following 
the party emblem at the top of the column. 

Henry Bender. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown. 

Notary Public No. 110 'New York County. 

WILLIAM H. TAUBERT, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 606 East One hundred and twenty-sixth street. 

Q. Did you reside at 606 East One hundred and thirty-sixth street last Novem¬ 
ber?—A. I did. 

Q. And you voted from that address?—A. I did. 

Q. How long have you lived there?—A. At that address, five years. 

Q. You have lived at 606 East One hundred and thirty-sixth street five years?— 
A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-third. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the Republican organization of that 
election district?—A. I do. 

Q. Do you hold any position in the Republican district organization in that 
district?—A. I do. 

Q. What position do you hold?—A. Chairman. 

Q. You are chairman of the district?—A. Yes, sir. 

Q. And have lived there in that district five years?—A. I have lived there 
longer; about twelve years. 

Q. Are you well acquainted with the Republican voters in that district?—A. 
I am. 

Q. Did you know their sentiments regarding the candidates for Congress in the 
last campaign, or last fall?—A. I did. 

Q. What was that sentiment?—A. In favor of Mr. Fairchild. 

Q. What was your personal preference?—A. For Mr. Fairchild. 

Q. How then do you account for the large straight Republican vote received in 


32 


FAIRCHILD VS. WARD. 


that district notwithstanding the fact that Mr. Ward s name appeared as the reg¬ 
ular candidate for Congress, when the preference of a majority of the voters 
in that district was for Mr. Fairchild?—A. For the reason that the majority of the 
voters of that district, or a good many of them, are regular party men and wished 
to stand by the regular party column, they voted the straight ticket. I also know 
of a good many, for the fear’of losing their vote by scratching, also voted the regu¬ 
lar party-column ticket. 

' Wat IT Tattrri?t 


Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 


LOUIS RIEMENSCHNEIDER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 622 East One hundred and forty-sixth street. 

Q. Mr. Riemenschneider, how long have you resided at East One hundred and 
forty-sixth street?—A. From the 1st of April a year ago; seven months prior to 
election. 

Q. You voted from East One hundred and forty-sixth street last election?—A. 
Yes sir. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-first. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the Republican organization in that 
election district?—A. I do. 

Q. What position do you hold in the district?—A. Chairman. 

Q. You are chairman of the election district?—A. I was chairman of the other 
district, No. 62, that Mr. Bender testified to, but I removed to this district. 

Q. Do you know the Republican voters in that district?—A. Well, the majority 
of the enrolled Republicans are a home lot of people that you can't get out much, 
and it is only the younger, and with very few exceptions only the younger, men 
you can get out, and those I understand pretty well to be right straight. 

Q. Did you know their preferences regarding the Congressional candidate last 
fall?—A. Yes, sir; they were for Mr. Fairchild, those I had spoken to. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. How do you, then, account for the fact of the large straight Republican vote 
cast in that district, notwithstanding the fact that in the straight Republican col¬ 
umn appeared the name of William L. Ward as candidate for Congress, in view 
of the fact of the preference for Mr. Fairchild among the Republican voters of 
that district?—A. On account of the regularity of the ticket and a great deal 
through my personal instructions to the voters. 

Q. Which were based upon regularity?—A. Yes, sir; so as not to throw the vote 
on behalf of the Democratic candidate, although one or two there, with what I told 
them, I couldn't induce them to vote for any other ticket than Mr. Fairchild's. On 
the Sunday previous to election I attended the meeting at the North Side Repub¬ 
lican Club of the chairmen of all the election districts in that portion of the Thirty- 
fourth assembly district located in the Sixteenth Congressional district , and learned 
from attending that meeting that Mr. Bettels, the representative who called upon 
Mr. Fairchild that day to express the desire of the Republican workers to stand 
by him, notwithstanding the court’s decision in favor of Mr. Ward, returned from 
Mr. Fairchild with the statement that his claim was to uphold his right to be in 
the party column, and that he would ask for no support except his name should 
be in the party column. The returns from my election district show that the vote 
was straight all the way through. 

Louis Riemenschneider. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

JAMES McMICHAEL, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 537 Union avenue. 

Q. Did you reside at 537 Union avenue last November?—A. I did. 

Q. Did you vote from that address?—A. I did. 



FAIRCHILD VS. WARD. 


33 


Q. How long have you resided there?—A. Eight years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Sixty-fifth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the Republican district organization in 
that election district?—A. I do. 

Q. Do you hold any position in the organization?—A. Yes. sir. 

Q. What position do you hold?—A. Treasurer. 

Q. You have resided there how long?—A. Eight years. 

Q. Are you acquainted with the Republican voters in that district?—A. Well, 
only in the organization; a few outside of it. 

Q. You are acquainted with the enrolled Republicans in that district?—A. Yes, 
sir. 

Q. And some outside of the enrolled Republicans?—A. Yes, sir. 

Q. Did you know their sentiments last fall regarding the Congressional candi¬ 
dates in the Sixteenth Congressional district?—A. Yes, sir. 

Q. What was that sentiment?—A. In favor of Mr. Fairchild. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. How do you account then for the large straight Republican vote cast in that 
district, notwithstanding the fact that William L. Ward was the candidate for 
Congress instead of Ben L. Fairchild, for whom the majority of the voters in that 
district had a personal preference?—A. Regularity. I suppose. That was my per¬ 
sonal feeling and those in the organization. Outside of that I couldn't say. 

Q. Do you think they voted the straight Republican ticket for any other reason 
than regularity?—A. I know from personal experience from numbers of voters in 
my district that it is difficult for them to split the ticket without making a mis¬ 
take under our present new ballot law, and this prevents voters from splitting the 
ticket for fear the ballots will be thrown out. 

James McMichael. 

Subscribed and sworn to before me this 13th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

THOMAS J. CAVE, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 554 East One hundred and thirty-sixth street. 

Q. Did you reside at 544 East One hundred and thirty-sixth street last Novem¬ 
ber?—A. Yes, sir. 

Q. Did you vote from that address last election?—A. Yes, sir. 

Q. How long have you lived there?—A. At that address I have lived about one 
year. 

Q. How long have you lived in that election district?—A. About twenty-two 
months. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Forty-second. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the election district organization of 
that election district?—A. I am secretary now of the district, but on election day 
I was watcher. 

Q. Do you know the Republican voters of that district?—A. Some of them; 
there are five in the house I live in; some four or five on the block I know. I have 
lived there such a short time I am not very well acquainted. 

Q. Do you know their preferences regarding candidates for Congress last fall?— 
A. I heard two make the remark that live in my house that it was a pity that 
Fairchild wasn’t on the regular ticket, but as it was they had to vote the way the 
ticket was for Ward, because the Republican ticket was the way they always 
voted. 

Q. What was your personal preference?— A. My preference was for Fairchild, 
but I voted the Republican ticket straight; always had and always will. 

Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. -, New York County. 

11600 - 3 








34 FAIRCHILD VS. WARD. 

EDWIN H. SHARP, being duly sworn, testifies as follows: 

By Mr. Brown: ' 

Q. Where do you reside?—A. 505 East One hundred and forty-second street. 

Q. Did you reside at 505 East One hundred and forty-second street last Novem¬ 
ber?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. I lived in the house two years and in 
the assembly district eleven years. 

Q. What assembly district is 505 East One hundred and forty-second street in?— 
A. Thirty-fourth of the Fifty-seventh election district. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Republican ticket straight. 

Q. Do you take any part in the affairs of the Republican organization of that 
election district?—A. At present I am secretary. Prior to the election I wasn't. I 
was in the old Ninth before it was cut up. I was there nine years. 

Q. Does the old Ninth lay very close to the present district?—A. The next block. 

Q. Then, practically you have lived in that election district about eleven years?— 
A. About that. 

Q. Do you know the Republican voters in that vicinit} 7 ?—A. The majority of 
them I do. 

Q. Do you know their sentiments?—A. I do. 

Q. What are their sentiments?—A. Their sentiments last election for Congres¬ 
sional candidate was for Mr. Fairchild. 

Q. What were your personal preferences?—A. Mr. Fairchild; he was my choice. 

Q. How, then, do you accouut for the large straight Republican vote cast in 
that election district, notwithstanding the fact that the name of William L. Ward 
was upon the ballot as the candidate for Congress, when the personal preference 
of a majority of the Republican voters in that district was for Mr. Fairchild?—A. 
Simply because the majority of them, as I know, voted the straight ticket, think¬ 
ing if they split the ticket their vote would be thrown out, helping the vote for 
the opposing candidate, which wouldn't do for our party. 

Q. Did the sentiment of regularity enter into your consideration?—A. Yes, sir. 
There is quite a foreign element in my district, living directly opposite to me and 
around the neighborhood in my election district, and they would find it difficult, 
and in many cases impossible, to split the ballots. In order to vote it would be 
necessary for them to follow the party emblem at the top of the column; that is all 
they seemed to know, and they were thoroughly instructed on that just before elec¬ 
tion. In one case in my district, where a man voted a split ticket bj^ putting a cross 
in the circle at the head of the Republican column and by also placing a cross oppo¬ 
site the name of Mr. Fairchild in the independent column, the ballot was thrown 
out by the inspectors. If the inspectors at election make such a mistake under 
our ballot law, how can you expect the voters to be able to split tickets? 

Edwin H. Sharp. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] * Wm. I. Brown, 

Notary Public No. 110, New York County. 

WILLIAM C. MASON, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 677 East One hundred and thirty-eighth street. 

Q. Did you reside at 677 East One hundred and thirty-eighth street last Novem¬ 
ber?—A. No; I didn’t. 

Q. Where did you reside?—A. In 900 East One hundred and thirty-eighth street. 

Q. Is that in the same election district?—A. No. 

Q. What election district was that in?—A. In the Thirty-fourth assembly of the 
Forty-fifth election district. 

Q. That is a short ways from your present address, is it not?—A. Yes, sir. 

Q. The two districts adjoin very closely?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Did you take any part in the organization in your election district?—A. Yes, 
sir; I was vice-chairman. 

Q. You were vice-chairman of your election district?—A. Yes, sir; and was 
president of the Golden League Republican Club. 

Q. Did you know the sentiments of the Republican voters in your election dis¬ 
trict?—A. Well, to a large extent I did. 


FAIRCHILD VS. WARD. 35 

Q. What was that sentiment regarding the Congressional candidate last Novem¬ 
ber?—A. The majority of them were for Mr. Fairchild. 

Q. You stated you had lived at 900 East One hundred and thirty-eighth street 
up to last election. How long had you lived there?—A. Five years. 

Q. You had lived five years in that district before moving to your jjresent 
address?—A. Yes, sir. 

Q. Were you acquainted with the Republicans in that district?—A. I was. 

Q. And in a position to know their sentiments?—A. Yes, sir. 

Q. What was your personal sentiment?—A. For Mr. Fairchild. 

Q. How do you account, then, for the large straight Republican vote received 
in your district, notwithstanding the fact that the name of William L. Ward 
appeared in the Republican column as the candidate for Congress, while the per¬ 
sonal preference of the majority of the Republican voters in that district was for 
Mr. Fairchild?—A. From information that we received from the chairman of our 
district, who came up and told us that the courts had decided that Mr. Ward was 
the regular Republican candidate for the office. 

Q. Then they voted a straight Republican ticket because of this court’s decision?— 
A. On this court's decision and through the advice we gave them, that it was 
better to vote the straight Republican ticket than attempting to scratch Mr. 
Ward's name and put Mr. Fairchild in on another column. 

Q. What other reason was there than sentiment, as regards regularity, that led 
voters in your district to vote the straight Republican ticket?—A. Well, they had 
heard of Mr. Fairchild; they have heard of his actions in Congress when he was 
there before, and they never heard of Mr. Ward; they wanted to know who he 
was; where did he come from. 

Q. What other reason was there than sentiment that led the Republicans in 
your district to vote the straight Republican ticket, instead of voting for Mr. 
Fairchild as the candidate for Congress?—A. They were afraid if they attempted 
to scratch their ballots in any way that they would be counted as defective ballots, 
and I thought the most advisable and the only safe thing was to vote a straight 
ticket, so they wouldn't throw the vote over into the Democratic party’s hands, 
and have their ballots thrown out as defective ballots. 

Q. You spoke, I believe, a few moments ago of being president of the Golden 
League Republican Club. Was that organization distinctive from the district 
organization?—A. Yes, sir. 

Q. Having a club room of its own?—A. Yes, sir. 

Q. About how many members?—A. I believe we had there on the roll close on 
to 60 members. The sentiments of the club were upon Mr. Ben L. Fairchild for 
Congress. 

Q. This is apart from the district organization?—A. Yes. sir. There was a good 
deal of disappointment felt among the members in my district when they found 
out through the ruling of the court Mr. Fairchild wouldn’t be in the Republican 
column as candidate for Congress. It is so easy to make mistakes that I knew 
one case of one of the smartest men in the district making a mistake on his ballot 
in my district. 

Wm. C. Mason. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.J Wm. I. Brown. 

Notary Public No. 110, Neiv York County. 


JOHN GUSTAVESON, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 600 East One hundred and forty-first street. 

Q. Did you reside at 600 East One hundred and forty-first street last election?— 
A. Yes, sir. 

Q. How long have you lived there?—A. Two years. 

Q. What assembly district is that in?—A. Thirty-fourth. 

Q. What election district?—A. Fifty-fifth. 

Q. How long have you lived there in the Thirty-fourth assembly district—what 
is now the Thirty-fourth assembly district?—A. Thirty-one years. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any active part in the affairs of the district organization in your 
election district?—A. I do. 

Q. Do you hold any position in the district organization?—A. Ido; chairman of 
the district organization and county committeeman in the Thirty-fourth district. 


36 


FAIRCHILD VS. WARD. 


Q. I understand you to state you lived in this assembly district thirty-one years 
and was chairman in your election district last fall and also a county committee¬ 
man in the Thirty-fourth assembly district. Is that right?—A. Yes, sir. 

Q. Are you acquainted with the Republican voters in this assembly district?— 
A. Yes, sir. 

Q. Also in your election district?—A. Yes, sir. 

Q. Did you know their sentiments last fall regarding the Congressional candi¬ 
dates?—A. Well, largely. 

Q. What was that sentiment?—A. The sentiment was in favor of the incumbent 
of the office at that time, Ben L. Fairchild. 

Q. What was your personal sentiment?—A. For Mr. Fairchild. 

Q. How do you, then, account for the large straight Republican vote cast in your 
election district, notwithstanding the fact that the name William L. Ward 
appeared under the Republican emblem in place of Ben L. Fairchild, who the 
voters of your district had expressed, as you say, a preference for?—A. Why, the 
representation of myself that I wanted them to vote the straight Republican 
ticket, by information I had received from Mr. Fairchild that it was his wish that 
they should vote the straight Republican ticket. 

Q. Then, as I understand you, it was on the ground of regularity that this 
straight Republican vote was cast and not on the ground of personal preference?— 
A. Certainly. 

Q. What is the character or the makeup of the majority of voters in your dis¬ 
trict, the nationality, etc.?—A. American. It is one of the most intelligent dis¬ 
tricts we have in the Thirty-fourth. 

Q. You think the voters in your district were largely persuaded to vote the 
straight Republican ticket on the ground of regularity alone?—A. Well, I know 
every Republican in the district, and there was not 5 per cent that didn't ask me 
what to do on the Congressional ticket, and for fear the ballots would be marked 
wrong and therefore counted as defective ballots, and through Mr. Fairchild say¬ 
ing he would prefer they voted the straight ticket, I advised them to vote the 
straight Republican ticket all the way through without any cutting, although 
there was any quantity of them that insisted on voting for Mr. Fairchild and would 
have voted for him if I hadn’t persuaded them not to. As it was, there was a few 
that did vote for him. 

Q. Then the vote cast in this election district for the candidate for Congress was 
against personal preference and solely on the ground of regularity to vote the 
straight Republican ticket?—A. That is right. 

John Gustaveson. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

New York, May 11 , 1897—6 o’clock p. m. 

Appearances: - 

Testimony taken by the notary public, William I. Brown, Esq. 

Depositions taken on behalf of the contestant, pursuant to notice, on the 11th day 

of May. 1897, at the rooms of the Union Republican Club, No. 967 Caldwell ave¬ 
nue, New York City, before William I. Brown, a notary public in and for the 

city and county of New York, in the State of New York. 

J. PREYOT MASON, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1551 Washington avenue. 

Q. Did you reside at 1551 Washington avenue last November?—A. For the last 
fifteen or eighteen years. 

Q. You have resided there for the last fifteen or eighteen years?—A. Fifteen or 
nineteen years, I guess; eighteen anyway. 

Q. What assembly district is that in?—A. Thirty-fifth assembly; Thirty-eighth 
election district. 

Q. What are your politics?—A. Republican, and always have been. 

Q. What ticket did you vote last election?—A. Republican ticket. 

Q. Straight Republican ticket?—A. Straight Republican ticket. 

Q. Do you take any part in the district organization of the Republican party in 
that election district?—A. Chairman of the district this year. 

Q. You are chairman of that district?—A. Yes, sir. 



37 


FAIRCHILD VS. WARD. 

# 

Q. Are you acquainted with the Republican voters in that district?—A. A. num¬ 
ber of them: nearly all of them. 

Q, Did you know their sentiments last fall regarding the candidates for Con¬ 
gress from this Congressional district?—A. As far as knowledge and belief goes, 
from talks I have had with different people, they were in favor of Ben L. Fair- 
child for Congressman. If it hadn't been for his letter, and the fact that the 
other man s name was printed on the ballots. I think they would have voted for 
him—I am sure they would have voted for Mr. Fairchild. 

Q- ^ ou speak of a letter—which letter do you refer to?—A. An open letter 
which I believed was published in the papers—I think I saw in the papers—asking 
for the voters to vote for his opponent. Mr. Ward. 

Q. Was that letter, as you understood it, requesting the voters to vote the 
straight Republican ticket?—A. Yes. sir; 1 understood it that way. 

Q. Notwithstanding the fact that Mr. Ward's name was substituted in place of 
Mr. Fairchild’s?—A. Yes, sir. 

Q. What were your personal sentiments?—A. I preferred Mr. Fairchild because 
I knew Mr. Fairchild knew what kind of a man he was. Mr. Ward I never 
had heard of before. 

Q. Do you know of any other reason than the sentiment to vote the straight Re¬ 
publican ticket on the ground of regularity which would lead the Republican 
voters of your election district to vote the straight Republican ticket?—A. No; 
I can't say that I do. 

Q. Are the voters in your district mostly American or is it a mixed district?—A. 
A mixed district. 

Q. Are all of the voters in your district. Republican voters specially, familiar 
with the English language, as far as you know?—A. A good many of them are 
not; there are some Germans. 

Q. Do you think they would understand the splitting of a ticket under our pres¬ 
ent ballot law?—A. Oh, I think the most of them do. 

Q. You don’t think, then, the fact of their being a mixed collection of citizens, 
that they would be inclined to vote a scratched ticket?—A. I think not. 

Q. They would vote the straight ticket of whichever party they affiliated with?— 
A. Yes, sir. 

Q. Notwithstanding the fact that they might have personal preferences other¬ 
wise for an independent candidate?—A. Yes, sir. 


Subscribed and sworn to before me this-day of-, 189-. 


Notary Public No. -, New York County. 

CHARLES A. RADZINSKY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1366 Webster avenue. 

Q. Did you reside at 1366 Webster avenue last election?—A. Yes. sir; and for 
four years previous. 

Q. Did you vote from that address last election?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirty-third. 

Q. What are your politics?—A. Straight Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in the affairs of the district organization of the 
Republican party in your election district?—A. Extremely so; I am chairman of 
the district. 

Q. Did you take any part in the politics of the district of which the block on 
which you reside was formerly a part, the old Eighteenth district?—A. Yes, sir. 

Q. Have you served as poll clerk or ballot clerk at the general elections?—A. 
No, sir; but I have served as inspector three years and chairman of the board 
twice. 

Q. Are you acquainted with the voters in your district?—A. Very well. 

Q. Do you know their sentiments regarding their choice for candidate for Con¬ 
gressman from this district last election?—A. On the Republican side, almost 
without exception, for Mr. Fairchild: in fact, no opposition that I know of. 

Q. That was the sentiment expressed among the Republicans in your district, 
you say?—A. Without exception. 

Q. What was your personal preference?—A. Mr. Fairchild, decidedly. 

Q. Do you know of any reason why the Republicans in your district, notwith¬ 
standing "tlieir personal preference, voted the straight Republican ticket at the 
last election, taking into consideration the fact that Mr. Ward's name was on that 









1 


38 FAIRCHILD VS. WARD. 

ticket for candidate for Congress in place of Aft-. Fairchild?—A. The reason they 
voted that way was, as I understand it. that Mr. Fairchild requested them to vote 
the straight Republican ticket regardless of their preferences. I took it that way, 
and I have no doubt all the rest did, inasmuch as there wasn t a single vote for 
Mr. Fairchild out of 300 votes cast. 

Q. Did you attend a meeting that was held in the assembly district prior to elec¬ 
tion day in which the voters of this district, at least the captains of the elections 
districts, were instructed to notify the Republicans in their district to vote the 
straight ticket?—A. No, sir; I wasn't chairman at that time. 

Q. Did you hear of any such meeting?—A. No, sir. 

Q. What is the population of your district as regards nationality?—A. Well, it 
is mixed. It is pretty hard to get at the proportions—Irish, German, and Amer¬ 
icans; generally German, as near as I can find out. 

Q. Do you think they thoroughly understand the workings of the new ballot 
law?—A. Very well, indeed; particularly among the German population; there is 
no trouble at all. They seem to come there well prepared to vote the ballot 
without any trouble. 

Q. But they, as a rule, vore regular; whichever ticket they vote, they vote straight. 
Is that the idea?—A. Yes, sir. 

Q. Notwithstanding the fact that they had a personal preference other than the 
candidate named under the emblem on the regular ticket?—A. Yes, sir; they vote 
the straight ticket almost unanimously. 

Chas. A. Radzinsky. 

Subscribed and sworn to before me this 12th day of JVIay, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

WILLIAM HENNESEY, being duly sworn, testifies as follows: 

By Air. Brown: 

Q. What is your residence?—A. Marcher avenue and High Bridge. 

Q. How long have you lived there, Air. Hennesey?—A. Well, in that neighbor¬ 
hood fifteen or sixteen years; not right in that house. 

Q. You have lived in that vicinity for fifteen years?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirty-second. * 

Q. What are your politics, Air. Hennesey?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the Republican district organiza¬ 
tion in that election district?—A. Yes: I am president of it now. 

Q. You are chairman of it?—A. Yes, sir. 

Q. Do you belong to any political organization in that district other than the 
assembly district organization?—A. The Garfield Republican Club. 

Q. Are you well acquainted with the voters in your district?—A. Yes, sir; 
pretty well. 

Q. Are you acquainted with the members of the Garfield Republican Club?—A. 
All of them. 

Q. Do you know the sentiments of both the members of your district organiza¬ 
tion and the members of the Garfield Republican Club?—A. The general senti¬ 
ment of the people in that district was for Mr. Fairchild, and their delegates voted 
for Air. Fairchild at the nominating conventions. The sentiment of the Garfield 
Club was entirely for Air. Fairchild, without any exception whatever. 

Q. Did the Garfield Club display in front of the club rooms any transparency or 
banner during the last campaign?—A. No. they did not; and I think it was mainly 
because of the failure of Mr. Fairchild to be in the regular Republican column. 

Q. What were your personal preferences as regards the Congressional candi¬ 
date?—A. For Mr. Fairchild. 

Q. Do you know of any reason other than regularity that would lead the voters 
of your district to vote the straight Repub]ican ticket?—A. Well, only the general 
sentiment of last fall that the straight ticket was the best to vote without refer¬ 
ence to independent candidates, and also advice given. I don't just clearly recol¬ 
lect the circumstances, but there was a meeting here at the Union Club, where the 
captains of the different districts were advised shortly before election to advocate 
the straight ticket, without reference to the Congressional fight, and it was at 
that same meeting given as the desire of Mr. Fairchild that that should be done. 

Wm. Hennesey. 

Subscribed and sworn to before me this 12tli day of Alay, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


FAIRCHILD VS. WARD. 


39 


HENRY JUNG, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 688 East One hundred and fifty-fifth street. 

Q. Did you reside at 688 EastOne hundred and fifty-fifth street last November?— 
A. I did. 

Q. And you voted from that residence?—A. I did. 

Q. Iiow long* have you lived in that vicinity?—A. I lived there in that building 
five years, in that election district. 

Q. How long have you lived in the Thirty-fifth assembly district?—A. Since 
we had the Thirty-fifth: I lived in the Twenty-ninth; used to be the Twenty-ninth. 

Q. How long did you live in the Twenty-ninth, of which the Thirty-fifth is 
practically a part?—A. I lived there for the last fourteen years. 

Q. What assembly district is it now?—A. Thirty-fifth; Fourteenth election 
district. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. I voted the straight Republican 
ticket. 

Q. Do you take part in the affairs of the district organization of the Republican 
party in your election district?—A. Yes, sir; I am captain of the district; this is 
the first year I have been. 

Q. Are you acquainted with the members of the Republican party in that dis¬ 
trict?—A. Yes, sir; all of them. 

Q. Did you know their sentiments last fall regarding their preference for can¬ 
didate for Congressman from this Sixteenth Congressional district?—A. I did. 

Q. What were their sentiments?—A. Well, I will tell you. Their sentiments 
were for Fairchild, and the captain of the district, he had the delegates selected at 
that convention at that time. 

Q. Which convention?—A. The Congressional convention. 

Q. Held where?—A. At the Suburban Club, and they were elected to vote for 
Fairchild and they didn’t do it. 

Q. Do you mean that the delegates elected to the Congressional convention held 
at the Suburban Club were instructed by the voters of your district to vote for 
Ben L. Fairchild, to elect delegates for Ben L. Fairchild to the nominating con¬ 
vention?—A. Yes, sir. 

Q. Then, as I understand you, that was the sentiment of the Republican voters 
in your district?—A. All, or nearly all; that is, the majority. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. Do you know of any reason other than the plea of regularity that would 
leave the Republican voters in your district to vote the straight Republican ticket, 
notwithstanding the fact there was running as an independent candidate in the 
independent column a man for whom they had expressed a preference?—A. No, I 
do not; but I will tell you; our captain then called a meeting, and he called a 
special meeting, and he stated then that Mr. Fairchild had told—I don't know 
whether Mr. Fairchild told him—but he said in that meeting, or it was stated at 
least, that it was recommended to the voters to vote the straight Republican 
ticket that was on the ballot, and the people must undoubtedly have done it, but 
they were all for Fairchild, every one of them, I am certain of it. 

Q. Are the voters in your district Americans?—A. Well, no; the majority are 
Germans. 

Q. Are they intelligent Germans?—A. Every one can read and write. 

Q. Do you think they thoroughly understand the present ballot law, the method 
of voting?—A. They do; been up to my house dozens of times. 

Henry Jung. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York Comity. 

RUDOLPH PFORTNER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 534 East One hundred and sixty-fourth street. 

Q. Did you vote from that address last election?—A. Yes, sir. 

Q. How long have you lived in that vicinity?—A. About two years at that 
address, and I have lived in the vicinity about six years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirtieth election district. 

Q. What are your politics?—A. Republican. 


40 


FAIRCHILD VS. WARD. 


Q. What ticket did you vote at the last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the district organization of the 
Republican party in your election district?—A. Always acted as inspector at 
primary elections and inspector at the regular elections. 

Q. Are you acquainted with the Republican voters in your district?—A. The 
majority of them. 

Q. Did you know their sentiments last fall regarding the preference for candi- 
didates for Congressman from this district?—A. I did. 

Q. What was that sentiment?—A. Most of them, say nearly all of them, wanted 
to vote for Mr. Fairchild. As far as I know there is not one of them intended to 
vote for the opposition. Mr. Ward. 

Q. Why did they not then vote for Mr. Fairchild?—A. At the meeting called by 
the chairman of the district, he instructed the Republicans to vote the straight 
Republican ticket, so as not to cause any difference in the vote or any trouble. 

Q. What were your personal preferences?—A. For Mr. Fairchild. 

Q. Notwithstanding your personal preference, then, you voted for Mr. Ward as 
Congressman from this district?—A. Yes, sir. 

Q. On what ground did you do that?—A. I voted for Mr. Ward simply because, 
being the regularly appointed candidate on that ticket, I intended to vote the 
straight Republican ticket and did. 

Q. On the ground of regularity?—A. On the ground of regularity. 

Q. Was there any other reason that led the Republican voters in your district to 
vote the straight Republican ticket than the ground of regularity?—A. No other 
reason. 

Q. What does the population of your district consist of principally?—A. Mixed 
nationality. 

Q. Do you think they thoroughly understand the method of voting under the 
present ballot law?—A. As far as I know, everyone in the district seems to be edu¬ 
cated well enough to understand the ballot law thoroughly. 

Q. I believe you testified, Mr. Pfortner, that the captain of 3 r our district at that 
time-A. (Interrupting.) The chairman of the district. 

Q. That he called a meeting and instructed the voters of that district, notwith¬ 
standing their personal preference for Mr. Fairchild, to vote the straight Repub¬ 
lican ticket?—A. Yes, sir. 

Q. On which Mr. Ward’s name was printed?—A. Yes, sir. 

Q. Did he state his reasons for so instructing the voters in that district?—A. He 
didn’t. 

Q. Do you know his reasons?—A. Well, as far as I know he was instructed to 
instruct the Republicans of the district to vote the straight ticket. 

Q. Do you know by whom he was instructed?—A. I do not. 

Q. You didn’t hear him say?—A. No, I didn’t. 

Rudolph Pfortner. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

% 

DANIEL MORIARTY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 150 Summit avenue. 

Q. How long have you resided at 150 Summit avenue?—A. Two years. 

Q. You voted from that address last election?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirty-first. 

Q. What are your politics, Mr. Moriarty?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the Republican party in the local dis¬ 
trict organization in your election district?—A. I am chairman of the district. 

Q. You are chairman of the district?—A. Yes, sir. 

Q. Are you acquainted with the members of the Republican party in that dis¬ 
trict?—A. Every one of them. 

Q. Did you know their sentiments last fall regarding their choice of the candi¬ 
dates for Congressman from this Congressional district?—A. Every one but one 
was for Ben L. Fairchild; there was one for Ward. 

Q. The sentiment, then, was largely in favor of Mr. Fairchild?—A. There was 
only one out of the whole election district for Ward. 

Q. How many were there in the election district that you know of?—A. I think 
there was two hundred and some votes. 



FAIRCHILD VS. WARD. 


41 


Q. How many of those 200 votes were Republican?—A. One hundred and sixteen. 

Q. The 116 Republican votes in that district were all of them in favor of Mr. 
Fairchild except one, you say?—A. Yes, sir. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. You were not the one, then, were you?—A. No, sir. 

Q. Do you know of any reason that would lead the Republican voters in your 
district to vote the straight Republican ticket other than the fact that they desired 
to be regular and vote straight?—A. They were requested by me. and most of 
them were afraid of spoiling their ballots or making a defective ballot. 

Q. Do you think the fact of last election being a national election had anything 
to do with their voting the straight ticket?—A. No, sir. 

Q. You instructed them to vote the straight Republican ticket?—A. Yes, sir. 

Q. Had you previously been instructed by the assembly district organization to 
so instruct y 7 our voters?—A. I was instructed by Mr. Fairchild himself and Mr. 
Ten Eyck and our chairman, Healey, to vote the straight ticket the day before 
election. 

Q. By Mr. Fairchild himself?—A. Himself personally. 

Q. And by Mr. Ten Eyck, the leader of the Thirty-fourth assembly district?— 
A. Yes, sir. 

Q. And by Mr. Healey, the leader of the Thirty-fifth assembly district?—A. Yes, 
sir. 

Daniel Moriarty. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

CHARLES H. REINISCH. being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 2315 Monroe avenue. 

Q. Mr. Reinisli, did you reside at 2315 Monroe avenue last election?—A, I did. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About sixteen years. 

Q. What assembly district is that in?—A. Thirty-fifth assembly. Forty-eighth 
• election. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Did you take an active part in the affairs of the Republican organization in 
your election district?—A. At that time I was vice-chairman. 

Q. Are you acquainted with the Republican voters in that district?—A. Very 
nearly all of them. 

Q. Did you know their sentiments last fall regarding candidates for Congress¬ 
man from the Sixteenth Congressional district?—A. Yes, sir; their sentiments 
were for Ben L. Fairchild, pretty nearly all of them. 

Q. What were your personal preferences?—A. Mr. Fairchild, decidedly 7 . 

Q. Do you know of any reason that would lead the Republicans at the last elec¬ 
tion to vote the straight Republican ticket other than the fact of being regular 
Republicans?—A. No. 

Q. Are the voters in your district a cosmopolitan population?—A. They are 
mixed—Germans, Irish, and Americans. 

Q. Do y T ou think they thoroughly understand the sy T stem of voting under the 
present ballot law?—A. Yes, sir: most of them;, nearly all of them, in fact. 

Q. Do y r ou think they read down the columns of the several parties for whose 
candidates they wish to vote, or simply vote by putting a mark under the party 
emblem?—A. That is the idea exactly. I think they all just vote the straight 
ticket: put the mark under the column they want to vote. 

Q. Without voting, practically, their personal preferences?—A. Yes, sir. 

Chas. H. Reinisch. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


42 


FAIRCHILD VS. WARD. 


J. J. O'BRIEN, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. One hundred and sixty-first street and Sedgwick 
avenue. 

Q. Did you vote from your present address last November?—A. Yes, sir. 

Q. How long have you lived there?—A. Six years. 

Q. What assembly district is that in?—A. Thirty-fifth assembly. 

Q. What election district?—A. Thirty-first. 

Q. What are your politics, Mr. O'Brien?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the Republican organization in that 
election district?—A. Yes, sir; take a great active part in them. 

Q. Do you hold any position in the election-district organization?—A. Vice- 
chairman: I was last year. 

Q. Do you belong to any Republican club in that election district?—A. Yes, sir. 

Q. Are you acquainted with the members of the Republican party in that elec¬ 
tion district?—A. I am. 

Q. Are you acquainted with the members of the club of which you are a mem¬ 
ber?—A. I am. 

Q. Do you know the sentiments of Republicans in that district last fall regard¬ 
ing the candidate for Congressman?—A. Yes, sir; of course Fairchild was their 
preference, but rather than split a ticket they voted for the straight Republican 
ticket. 

Q. Notwithstanding their personal preference?—A. Yes, sir. 

Q. Did your club, of which you are a member, have last fall in front of their 
club rooms any sign or transparency or banner of the Republican party?—A. Yes, 
sir: had a large transparency with the whole Republican ticket. 

Q. Whose name did 3 ’ou have on the banner as candidate for Congressman?—A. 

Ben L. Fairchild. I kept it on there up to-there wasn’t a decision given in 

the court of appeals until two days before election, and I was requested by Mr. 
Fairchild to support Mr. Ward, the regular nominee. 

Q. To support the regular Republican ticket, you mean?—A. Yes. sir; that he 
had been declared the regular nominee. I wouldn't bother taking off the name, 
because I couldn't get a sign painter to come and paint the name off, but that is 
the only reason that kept Mr. Fairchild's name on. 

Q. Then as I understand you, Mr. O'Brien, you testify that if it had not been 
Mr. Fairchild told you it was his personal wish for you to vote the straight Repub¬ 
lican ticket, you would have voted your preference?—A. I would have voted for 
Fairchild, first, last, and all the time. 

John J. O’Brien. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110. New York County. 

GEORGE D. SMITH, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. One hundred and sixty-fifth street and Jerome 
avenue. 

Q. Did you vote from your residence. One hundred and sixty-fifth street and 
Jerome avenue last election?—A. Yes, sir. 

Q. How long have you lived there?—A. Four years. 

Q„ How long have you lived in that vicinity?—A. Four years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirty-second. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the Republican district organiza¬ 
tion, being your election district?—A. A little. 

Q. Do you know the Republican voters in that district?—A. A maioritv of 
them. 

Q. Did you know their sentiments last fall regarding the candidates for Con¬ 
gressman from this Sixteenth Congressional district?—A. I believe I did. 

Q. What was that sentiment?—A. Ben L. Fairchild for Congress. 

Q. What was your personal preference?—A. Ben L. Fairchild. 

Q. Notwithstanding your personal preference for Ben L. Fairchild as candi¬ 
date for Congress, you voted for the straight Republican ticket, on which the 
name of William L. Ward was printed, did you not?—A. I did. 



43 


FAIRCHILD VS. WARD. 

Q. Why did you not vote your personal preference?—A. I believe Mr. Ben L. 
Fairchild sent out instructions to all the district leaders of the Thirty-fourth and 
Thirty-fifth assembly districts to vote the straight Republican ticket and not vote 
for him. 

Q. That was your reason for voting the straight Republican ticket, notwithstand¬ 
ing your personal preference?—A. Yes, sir. 

Q. Do you know of any other reason than the fact of the wish of the voters to 
be regular, or on the ground of regularity, that would lead people to vote the 
straight Republican ticket?—A. I would have voted for Ben L. Fairchild. 

Q. (Question repeated.)—A. No, I do not. 

Q. How are voters of your district made up?—A. Well, there are Germans; 
two or three different nationalities. 

Q. Do you think they understand the workings of the present ballot law?—A. 
I believe they do. 

Q. But you voted the straight ticket at the request of Mr. Fairchild, through 
your district captain?—A. 1 did. 

George D. Smith. 

Subscribed and sworn to before me this 12th day of May. 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

LOUIS WALTER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 671 East One hundred and fifty-fourth street. 

Q. Did you vote from 671 East One hundred and fifty-fourth street last elec¬ 
tion?—A. Yes, sir. 

Q. How long have you lived there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Fourteenth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the Republican district organization in 
your election district?—A. I am vice-president this year and was treasurer last 
year. 

Q. Do you know the Republican voters in your district?—A. I do. 

Q. Did you know their sentiments last fall regarding their preference for candi¬ 
date for Congress from this Sixteenth Congressional district?—A. I did. 

Q. What was the sentiment?—A. They favored Mr. Fairchild for Congress. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. Notwithstanding your personal preference, I believe you voted for Mr. Ward 
as the Republican candidate, did you not?—A. I did. 

Q. Can you explain that?—A. I didn’t believe it was right to jeopardize the ticket 
after the request of Mr. Fairchild to support a regular nominee—that is. the straight 
Republican ticket. 

Q. You understood it was Mr. Fairchild's personal wish that notwithstanding 
a voter’s personal preference, that the voter should vote the straight Republican 
ticket?—A. That was the idea. 

Q. What is the class of voters in your district?—A. Germans—well, cosmo¬ 
politan. 

Q. Are they acquainted, do you think, with the present system of voting under 
the new ballot law?—A. They are. 

Louis Walter. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

JOSEPH J. WEILL, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 542 East One hundred and fifty-third street. 

Q. Did you vote from 542 East One hundred and fifty-third street last election 
day?—A. Yes, sir. 

Q. How long have you lived at that address?—A. Since 1891. 

Q. How long have you lived in that vicinity?—A. Well, about since 1885. 

Q. What assembly district is that in?—A. At present? 

Q. Then, last November?—A. Thirty-fifth assembly. 


44 


FAIRCHILD VS. WARD. 


Q. Wliat election district?—A. Twelfth. 

Q. What are your politics, Mr. Weill?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the local district organization of the 
Republican party in that election district?—A. Yes, sir. 

Q. Do you hold any position in the district organization?—A. I am the chair¬ 
man. 

Q. You are the chairman in your election district?—A. Yes, sir. 

Q. Were you chairman of your election district last election?—A. Yes, sir. 

Q. Are you acquainted with the Republican voters in your district?—A. Yes, 
sir. 

Q. Did you know their preferences last fall for the candidate for Congress from 
this Sixteenth Congressional district?—A. I know my whole district organization 
was all in favor of Fairchild, and the rest of them are mixed—Germans and Irish 
and other sorts of voters. 

Q. But the majority of the voters, you say, were in favor of Mr. Fairchild?—A. 
Yes, sir: I could bring the whole district. 

Q. What were your personal preferences?—A. My personal preference was for 
Mr. Fairchild; and we would all have voted for Mr. Fairchild, only the evening 
before the election we had a lecture and were instructed to vote for the straight 
Republican ticket, and'Mr. Ward was in that column. 

(*>. Did you understand at that time it was anybody's request that the regular 
Republicans should vote the regular Republican ticket?—A. Well, that was told 
here; our leader here told us to vote the straight Republican ticket so as not to 
spoil the vote all through. 

Q. What you mean by that is, not to spoil the chances of the other Republicans 
on your ticket?—A. Yes, sir. 

Q. Do you think the fact of last election being the national election entered into 
consideration with the voters at all in voting the straight Republican ticket?—A. 
Yes, sir; the national election was held; there was a President and governor and 
Congressman, etc., so they voted the straight ticket. 

Q. Then they voted for Mr. Ward, you say, simply because he was in the col¬ 
umn of the regular Republican ticket?—A. That is it, exactly. 

Q. Notwithstanding the fact that their personal preference was for Mr. Fair- 
child?—A. Yes, sir. 

Q. They didn’t want, as I understand you, to spoil their ticket in any way by 
running the chance of having a split ticket?—A. That is it, exactly. 

Joseph J. Weill. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 


JOHN B. CONNOR, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 529 East One hundred and fifty-second street. 

Q. Did you reside at 529 East One hundred and fifty-second street last Novem¬ 
ber?—A. Yes, sir. 

Q. Did you vote from that address last election?—A. Yes, sir. 

Q. How long have you lived there?—A. About six years, 1 believe. 

Q. In that one house?—A. Well, in the old family house just next door. 

Q, That is, you have lived right next door or in that house?—A. Yes, sir. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twelfth. 

Q. Wliat are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Republican ticket straight. 

Q. Do you take any part in the affairs of the local district association of the 
election district?—A. Yes, sir; I am treasurer. 

Q. Do you know the voters in your district?—A. Pretty well; most of them. 

Q. Did you know their sentiments last fall regarding the candidate for Congress¬ 
man from this district?—A. Yes, sir; I know we had pretty hard work getting 
them to vote for Ward; they were all for Fairchild. 

Q. What was your personal preference?—A. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Yes, sir. 

Q. If your personal preference was for Mr. Fairchild, how was it you voted the 
straight Republican ticket?—A. So as not to hurt the ticket in any way at all; iust 
elect the whole ticket. 


FAIRCHILD VS. WARD. 


45 


Q. Then it was loj T alty, on the ground of being a straight Republican that you 
voted the straight ticket, notwithstanding your preference was otherwise?—A. 
Yes, sir. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. -, New York County . 

AARON M. EWING, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. What is your residence?—A. 1070 Washington avenue. 

Q. Did you reside at 1070 Washington avenue last election?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About ten years. 

Q. You practically lived in that one building ten years?—A. Yes, sir. 

Q. How long have you lived in this vicinity, what is now the Thirty-fifth as¬ 
sembly district?—A. About fifteen years. 

Q. What assembly district?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-eighth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you belong to the local district organization?—A. I do. 

Q. Do you take any active part in the district organization?—A. I do. 

Q. Do you hold any position in the district organization?—A. Secretary. 

Q. You are secretary of the local district organization of the Republican party?— 
A. Yes, sir. , 

Q. Do you know the voters in your district?—A. Most of them. 

Q. Did you know their preference last fall regarding the choice of candidates for 
Congressional nominees?—A. The majority of them was for Fairchild; some of 
them was the other way. 

Q. Did you serve on any election board?—A. I did. 

Q. Did you serve on any election board in previous years?—A. I have. 

Q. How long have you served on election boards in that vicinity?—A. About ten 
years. 

Q. Then I understand you to state you are secretary in your district organiza¬ 
tion and you have served on election boards in that vicinity for the past ten 
years?—A. Yes, sir. 

Q. Then you are acquainted, for this reason, with the voters in this district, I 
presume?—A. I am. 

Q. You knew their sentiments thoroughly well last fall, did you?—A. I did. 

Q. What was that sentiment?—A. For Fairchild as nominee. 

Q. What was your personal preference?—A. Fairchild. 

Q. You voted the straight Republican ticket notwithstanding that?—A. Yes, sir. 

Q. How can you explain that?—A. By the court’s decision, or the last news we 
had before election, that Mr. Ward was the regular nominee; therefore we voted 
for Mr. Ward on account of being the regular nominee. 

Q. Then it was solely on the ground of regularity that you voted the straight 
Republican ticket?—A. That is all. 

Q. Notwithstanding the fact that Mr. Ward appeared in that column as the can¬ 
didate?—A. That is all. 

Q. But otherwise your preference was for Mr. Fairchild?—A. Yes, sir. 

Q. Did you attend any meeting held in the assembly district organization prior 
to election?—A. I did not. 

Q. Did you hear of any?—A. I did not. 

Q. Then it was solely on the court’s decision, as declaring Ward the regular 
nominee, that induced you to vote the straight Republican ticket?—A. Yes, sir. 

Q. How are the voters of that district as regards their nationality?—A. The 
Americans predominate. 

Q. It is an intelligent district?—A. Supposed to be. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. 


* 

, New York County. 















46 FAIRCHILD VS. WARD. 

RICHARD N. COTTER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1201 Franklin avenue. 

Q. Did you reside at 1201 Franklin avenue last November?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes. sir. 

Q. How long have you resided in that house?—A. Four years. I guess. 

Q. How long have you resided in that election district?—A. Well, I can t say; 
probably ten years. I have been in this assembly district for ten to fourteen 

years, probably. . 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-third. 

Q. What are your politics?—A. Republican; straight goods every time. 

Q. What ticket did you vote last election?—iY Republican. 

Q. Do I understand you to say you voted the straight Republican ticket?—A. 
Yes sir. 

Q. Do you take any part in the affairs of the local district organizations of that 
election district?—A. Yes, sir. 

Q. Do you hold any position in the local district organization?—A. Yes, sir. 

Q. What position?—A. Secretary. 

Q. You are secretary of the district organization?—A. Yes, sir. 

Q. Are you acquainted with the Republican voters in that district?—A. A ery 
well. 

Q. Did you know their sentiments last fall regarding the candidates for Con¬ 
gress from this Congressional district?—A. Fairly well. 

Q. What were those sentiments?—A. In favor of Mr. Fairchild. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. Notwithstanding your personal preference, though, 1 understand you to say 
you voted the straight Republican ticket?—A. Yes. sir. 

Q. How can you explain that?—A. Simply the fact that the other name was on 
the organization ticket. 

Q. Then you voted the straight Republican ticket simply on the ground of 
regularity?—A. Yes, sir. 

Q. Notwithstanding the fact your personal preference was for Mr. Fairchild?— 
A. Yes, sir. 

Richard N. Cotter. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

THOMAS T. W. MINER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1150 Forest avenue. 

Q. Did you reside at 1150 Forest avenue last November?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived at 1150 Forest avenue?—A. Thirteen years. 

, Q. How long have you lived in this assembly district?—A. Forty-five years. 

Q. What assembly district is 1150 Forest avenue in?—A. Thirty-fifth. 

Q. Wliat election district?—A. Twenty-seventh. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the Republican district organiza¬ 
tion of that election district?—A. Yes, sir: chairman of the district association. 

Q. Are you acquainted with the Republican voters in your district?—A. Very 
well. 

Q. Did you know their preference last fall regarding the candidates for Con¬ 
gressman from this Congressional district?—A. Yes, sir; I did; so far as our organ¬ 
ization was concerned, it was straight for Ben L. Fairchild from beginning to end; 
I had not heard one single voice against him in our local organization. 

Q. Then I understand you to state the sentiment in your district organization 
and among the enrolled Republicans, and also the Republicans that you knew in 
your district, was for Mr. Fairchild?—A. Exactly. 

Q. Your personal preferences were what?—A. Mr. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Yes, sir. 

Q. Can you explain that?—A. Yes; for several reasons; the main reason was 
that we could not afford to split the Republican ticket at that election: the next 
reason was that Mr. Fairchild, having been decided by the court at that time as 


FAIRCHILD VS. WARD. 


47 


not being the regular candidate, and Mr. Ward being declared the regular candi¬ 
date and placed on the regular ticket, the association requested, and all the work¬ 
ers were requested, to instruct all Republican voters on election day to vote the 
straight ticket rather than throw any votes on a side issue. Mr. Fairchild him¬ 
self sent word to the chairmen and captains of the Thirty-fifth assembly district, 
the night before election, that as Mr. Ward had been decided on as the regular 
candidate, it was our duty to stand by him. and he didn’t want the votes wasted. 
. Q- _y°u think the fact of last election being a national election was taken 
into consideration by the voters in' your district, and thereby induced them to vote 
the straight Republican ticket?—A. Yes. sir; decidedly; and I myself gave instruc¬ 
tions at least to two parties to work that all day long; and two parties whom I 
had always supposed would vote the Democratic ticket were conversing together 
so I overheard their conversation, and they wanted to vote for Mr. Fairchild, and 
were going to vote a Republican ticket, and supposed Mr. Fairchild’s name was 
in^the regular place in the column on the Republican ticket, and finding Mr. 
W ard was there in place of Mr. Fairchild, turned to me and asked me, knowing 
I was chairman of the district, how it was that Mr. Wards name was there in 
place of Mr. Fairchild, and I explained the circumstances to them; and I said fur¬ 
ther, “We want you to support the straight ticket this year, and Mr. Fairchild 
himself has requested that no voles shall be wasted on him, as Mr. Ward has 
been declared the regular nominee.” One of the gentlemen turned to me, and he 
says, “ Is that straight?” I said, “Yes.” He said. “Well. I will take it from you; ” 
and they both voted afterwards, and instructed an employee of theirs, who was 
also voting, to do the same. 

Thos. T. W. Miner, 

1150 Forest avenue, Neiv York City. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. 1. Brown, 

Notary Public No. 110, Neiv York County. 


LAWRENCE V. CONOVER, Jr., being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 692 East One hundred and sixty-second street. 

Q. Did you vote from 692 East One hundred and sixty-second street last Novem¬ 
ber?—A. Yes, sir. 

Q. How long have you lived there, Mr. Conover?—A. Twenty-six years. 

Q. What assembly district is that in?—A. Thirty-fifth, at present. 

Q. What election district?—A. Twentieth. 

Q. What are your politics, Mr. Conover?—A. Republican, straight. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the local district organization in 
your election district?—A. Yes, sir. 

Q. Do you hold any position in the district?—A. Chairman for the last four years. 

Q. Are you acquainted with the Republican voters in your district?—A. Yes, 
sir; well acquainted with them. 

Q. Did you know their preference last fall for candidate for Congressman from 
this Congressional district?—A. Yes, sir; I know of no Republican voters in that 
district, of my own knowledge, that favored Ward as the candidate for the party; 
they were all in favor of voting again for the man who had been a good Congress¬ 
man for the district and they thought was entitled to a place on the ticket. 

Q. What were your personal preferences?—A. Mr. Fairchild. 

Q. But you voted the straight Republican ticket, did you not?—A. Yes, sir. 

Q. Can you explain that?—A. I voted the straight Republican ticket and 
instructed all my friends to do the same, and requested all the workers, and also 
instructed the voters to vote the straight ticket, because the election being a 
national election and being a most important national election, it was the wish of 
the organization that no ballots should be wasted on Mr. Fairchild; in fact it was 
his own wish and personal request to me, and it being such an important election 
we were afraid also not only of losing votes for the Republican candidate for Con¬ 
gress, as then decided by the courts, but we were afraid that if the voters followed 
their personal preference in the matter, their might not only be votes lost for Con¬ 
gressman, but that votes on the entire national ticket would be lost through errors 
in substituting Mr. Fairchild’s name for Mr. Ward’s on the ballot. 

Q. What is your district composed of principally, as regards the nationality of 
the voters?—A. Well, it is pretty evenly divided between Germans. Americans, 
and Irish; the Germans and Irish predominate. 


48 


FAIRCHILD VS. WARD. 


Q. Are they an intelligent class of voters?—A. A large number of the Repub¬ 
lican voters of the district are not; could not be called intelligent voters. 

Q. Then they simply voted the straight Republican ticket, as I understand you, 
through instructions received from yourself as chairman of the district?—A. Yes, 
sir; and through their own personal regard for the Republican party as straight 
Republican voters, and they voted the ticket as they found it. 

Q. Notwithstanding the fact that Mr. Ward’s name was there, while their pref¬ 
erence, as you say, was for Mr. Fairchild?—A. Yes, sir. 

Lawrence V. Conover, Jr. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

PHILIP SCHMID, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 828 Courtland avenue. 

Q. Did you vote from 828 Courtland avenue last November?—A. Yes, sir. 

Q. How long have you lived there?—A. Four years. 

Q. How long have you lived in this vicinity?—A. Twelve years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Eighteenth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take an active part in the affairs of the local district organization of 
the Republican party in your election district?—A. Yes, sir. 

Q. Do you hold any position in the district organization?—A. Chairman. 

Q. Chairman of your district?—A. Yes, sir. 

Q. You have resided in that vicinity for four years, you say?—A. Yes, sir. 

Q. How long have you lived in the assembly district, what is now the Thirty- 
fifth?—A. Four years in the same house. 

Q. Did you know the sentiments of the Republican voters last election in your 
district as to candidates for Congress?—A. Yes, sir. 

Q. What was that sentiment?—A. All for Fairchild. 

Q. For Congress?—A. Yes, sir. 

Q. What was your personal preference?—A. Fairchild, by all means. 

Q. But you voted the straight Republican ticket?—A. I did. 

Q. Can you explain that?—A. Well, two rights don’t make a wrong, so I voted 
the straight Republican ticket; that is the way I explained that. I might state I 
was also up in the convention, and I done everything there for Mr. Fairchild, 
worked for him, and therefore I am undoubtedly a Fairchild man, and in our 
election district organization meetings we were all in favor of Mr. Fairchild, but 
Mr. Ward being upon the straight ticket we voted the straight ticket entirely; it 
being a national election, and not wishing to throw away any votes, we simply 
voted the straight ticket. 

Q. For fear of spoiling the ballot?—A. By all means. 

Q. Did you serve on the board in that election district last November?—A. I 
was chairman of the board. 

Q. Chairman of the board of inspectors?—A. Yes, sir. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. -, Neiv York County. 

JAMES McGREAL, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 848 Park avenue, corner of One hundred and 
sixtieth street. 

Q. Did you vote from 848 Park avenue last November?—A. Yes, sir. 

Q. How long have you lived there?—A. Eight years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Eighteenth. 

Q. What are your |X)litics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the local district organization in your 
election district?—A. Inspector of election. 









FAIRCHILD VS. WARD. 49 

Q. Are you acquainted with the Republican voters in your election district?— 
A. I am. 

Q. Did you know their sentiments last fall regarding candidates for Congress 
from this Congressional district?—A. Every one of them was for Fairchild. 

Q. What was your personal preference?—A. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Yes. sir. 

Q. Can you explain your reason for voting the straight Republican ticket when 
your preference was for Mr. Fairchild?—A. Simply the question of not splitting 
the ticket, throwing the good votes away. That is all it was done for. 

Q. What is your district composed of in the way of nationalities, the voters?— 
A.. Well, they are not very intelligent; not a very intelligent class of voters, I 
think, and very little persuasion would turn them. 

Q. They vote, as I understand you, the straight ticket of the party they affiili- 
ate with for fear of making a mistake?—A. Simply because it was the Republican 
ticket. 

Q. They simply put a cross under the emblem at the head of the ticket?—A. 
Yes, sir; the straight Republican ticket. 

Q. Do you think the fact of the election last November being a national election 
led them to vote the straight Republican ticket, although that ticket contained 
the name of Mr. Ward for Congress, while their preference was for Mr. Fair- 
child?—A. I certainly do, being it was a national ticket and they didn't believe in 
splitting their ticket. 

James McGreal. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


ANDREW ANDERSON, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 3295 Third avenue. 

Q. Did you reside at 3295 Third avenue last November?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Oh. about fifteen or sixteen months. 

0- How long have you lived in this vicinity?—A. Nearly eleven years. 

Q. What assembly district is this in?—A. Thirty-fifth assembly, Twenty-eighth 
election. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight ticket. 

Q. Do you take any part in the affairs of the local election-district association 
of that district?—A. I am vice-chairman. 

Q. Are you acquainted with the voters in that district?—A. Well, to a consid¬ 
erable extent; yes, sir. 

Q. Are you acquainted with the Republican voters in that election district?— 
A. A great many of them. 

Q. Did you know their sentiment last fall regarding the candidate for Congress¬ 
man from this Congressional district?—A. Well, the prevailing sentiment I found 
to be in favor of Fairchild having the nomination. 

Q. What was your personal preference?—A. Fairchild. 

Q, But, notwithstanding your personal preference, you voted the straight Repub¬ 
lican ticket?—A. I did; when I found Ward’s name placed on the list, it being sup¬ 
posed to be the regular nominee. 

Q. Then the decision of the court entered into your consideration somewhat?— 
A. Yes, sir; and I said it at the time; that was the first decision. 

Q. I refer to the decision that came out a few days before election.—A. Yes, sir. 

(^. That declared Mr. Ward the regular candidate?—A. Yes, sir; I made up my 
mind to vote for the regular nominee. 

Q. Because he was the regular nominee?—A. Yes, sir. 

Q. Then you simply voted for Mr. Ward on the ground of your being a regular 
Republican and voting the straight ticket?—A. Yes, sir; because I so considered 
him at the time I voted. 

Q. But notwithstanding the fact you considered him the regular candidate at 
that time, you would have preferred Mr. Fairchild to be the candidate. Is that 
the idea?—A. Yes, sir. 

Q. And you voted the ticket regardless of who was really the candidate for 

11G00-4 



50 


FAIRCHILD VS. WARD. 


Congressman, as long as his name was in the straight Republican column?—A. 
Yes; on general principles. 

Q. In this particular case?—A. Yes; in this particular case. 

Andrew Anderson. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

* Notary Public No. 11U, New York County. 

JOSEPH J. SCHMIDT, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 942 East One hundred and sixty-third street. 

Q. Did you reside at 942 East One hundred and sixty-third street last Novem¬ 
ber?—A. I did. 

Q. Did you vote from that address?—A. Yes. 

Q. How long have you lived at that address?—A. Two years this coming June. 

C*>. How long have you liVed in the vicinity?—A. About twelve years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-second. 

Q. What are your politics?—A. Republican. 

(*>. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the local district organization in that 
election district?—A. Yes, sir. 

Q. What position do you hold, if any?—A. Chairman of my district. 

Q. You have resided in that vicinity about twelve years, you say?—A. Yes, sir. 

Q. Did you know their sentiment last fall regarding the candidates for Congress¬ 
man in this Congressional district?—A. Yes, sir. 

Q. What was that sentiment?—A. For Ben L. Fairchild. 

Q. What were your personal preferences?—A. Same thing. 

C*j. You voted the straight Republican ticket?—A. Yes. 

Q. Can you explain your reason for voting the straight Republican ticket in view 
of the fact that your personal preference was for Mr. Fairchild?—A. The court’s 
decision that Mr. Ward was the regular Republican nominee at that time. 

Q. Do you know of any meeting being held prior to election in this building?— 
A. Yes. 

Q. What was the business transacted at that meeting?—A. Well, if I am not 
mistaken, it was a caucus held here at which we decided to nominate Mr. Fairchild 
for Congressman. 

Q. I refer, Mr. Schmidt, to the time that the decision was handed down by Judge 
Edwards declaring Mr. Ward the regular Republican candidate?—A. Yes, sir; I 
remember that. As I understand, as Mr. Fairchild didn't want to stand in the way 
of hurting the party in any way, he instructed all the chairmen to instruct all the 
Republicans in their district to vote the straight Republican ticket. 

Q. Then they simply voted the straight Republican ticket on the ground of 
regularity?—A. That is it. 

Q. What is the nationality of a majority of the voters in your district, Repub¬ 
licans especially?—A. Mixed. 

Q. Are they acquainted with the method of voting under our present ballot 
law?—A. They are. 

Q. Do you think the fact that last election was a national election entered into 
consideration with the voters in your district in voting the straight Republican 
ticket?—A. Somewhat. 

Q. To what extent?—A. On account of this gold movement. 

Q. They voted the straight Republican ticket, then, regardless of who the can¬ 
didates were for the local offices, as they considered the national ticket of impor¬ 
tance, as I understand you?—A. In some respects, yes. 

Joseph J. Schmidt. 

Subscribed and sworn to before me this 12th day of May, 1897. 

Wm. I. Brown, 

Notary Public No. 110 , New York County. 

WILLIAM F. SCHMID, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1984 Webster avenue. 

Q. Did you reside at 1984 Webster avenue last November?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Six years. 


FAIRCHILD VS. WARD. 51 

Q. How long have you lived in that vicinity?—A. Eighteen or nineteen years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Forty-fifth. 

Q. What are your politics?—A. Republican. 

Q. Wliat ticket did you vote last election?—A. Straight Republican ticket. 

Q. Did you take any part in the affairs of the local district organization in your 
election district?—A. As a worker. 

Q. Do I understand you to say you were a worker at the polls last election day?— 
A. Yes, sir. 

Q* Did you know the sentiment of the Republicans of your district regarding 
their preference for candidates for Congress?—A. The majority was for Fairchild. 

Q. What was your personal preference?—A. Ben L. Fairchild. 

Q. How is it, then, that you voted the straight Republican ticket if your pref¬ 
erence was for Mr. Fairchild, when Mr. Ward's name appeared in the column as 
the candidate?—A. The decision of the courts, he being the regular nominee on 
the Republican ticket. 

Q. How are the voters of your district divided as regards nationality?—A. Ger¬ 
mans and Americans. 

Q. Do you think they thoroughly understand the workings of the election law?— 
A. They do. 

Q. Do you think the fact of last election being a national election entered into 
consideration with the voters at all in casting their ballots?—A. I do not. 

William F. Schmid. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal,] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

JOSEPH EHING, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 651 East One hundred and fiftieth street. 

Q. Did you reside at 651 East One hundred and fiftieth street last November?— 
A. I was at 628 East One hundred and fifty-second street. 

Q. Is that in the same election district?—A. Yes, sir. 

Q. And the same assembly district?—A. Yes, sir. 

Q. What assembly district is it?—A. Thirty-fifth. 

Q. What election district?—A. Fifth. 

Q. W hat are your politics?—A. Republican. 

Q. What ticket did you vote last November?—A. Straight Republican. 

Q. Do you take any part in the affairs of the local district organization of the 
district?—A. Inspector of election. 

Q. Were you inspector of election at the regular election last November?—A. 
Yes, sir. 

Q. Do you know the voters in that district?—A. Pretty near all of them. 

Q. Did you know their sentiments last fall regarding their preference for candi¬ 
dates for Congressman from this district?—A. As far as I know, they were for 
Fairchild. 

Q. What was your personal preference?—A. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Yes, sir. 

Q. Can you explain that?—A. lean. I thought it would hurt the national ticket 
if I voted for Fairchild, if I split the ticket. 

Q. Do you think that same sentiment prevailed among the majority of the 
Republican voters in that district?—A. Yes, sir. 

Q. Do you think, it being a national election, that that fact entered into consid¬ 
eration when they cast their ballots?—A. Yes, sir. 

Q. You think they voted the straight Republican ticket on the ground of regu¬ 
larity?—A. Yes, sir; as far as I know. 

Q. And they did not take into consideration the local candidates, but simply put 
a cross under the party emblem?—A. That is what they did; yes, sir. 

Q. Are they Americans mostly in your district?—A. Americans and Germans. 

Q. Do you think they understand thoroughly the working of the present ballot 
law?—A. I do. 

Q. But you think they were, like you, led to vote the straight Republican ticket 
for fear of having their ballots spoiled?—A. That is the idea; yes, sir. 

Joseph Ehing. 

Subscribed and sworn to before me this. 12tli day of May, 1897. 

[SEAL.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 


52 FAIRCHILD VS. WARD. 

JULIUS H. FOX, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 954 East One hundred and sixty-fiftli street. 

Q. Did you reside at 954 East One hundred and sixty-fifth street last Novem¬ 
ber?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About six years. 

Q. How long have you lived in that vicinity?—A. Pretty near all my life. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-sixth. 

Q. What are your politics, Mr. Fox?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any part in the affairs of the local district organization of the 
district?—A. I am chairman of the district. 

Q. You have stated that you lived in the vicinity twelve years and are chairman 
of your district?—A. Yes, sir. 

Q. Are you acquainted with tne Republican voters in your election district?— 
A. Very well. 

Q. Did you know their sentiment last fall regarding the Congressional candi¬ 
dates?—A. I did. 

Q. What was that sentiment?—A. The sentiment was almost unanimously in 
favor of Mr. Fairchild. 

Q. What was your personal preference?—A. The same. 

(^. But you voted the straight Republican ticket, did you not?—A. Yes, sir. 

Q. Can you explain the reason why you voted the straight Republican ticket 
when your preference was for Mr. Fairchild?—A. Because, as a member of the 
organization, I deemed it no more than right that we should support the whole 
ticket, from top to bottom, notwithstanding it was my wish and the wish of most 
of the men in our district to vote for Mr. Fairchild. 

Q. Did you attend any caucus held in this house on the Sunday prior to election 
day?—A. It seems to me I did one Sunday. I remember being here one Sunday 
shortly before election; perhaps it was the Sunday previous to election day. 

Q. Do you remember the business of that caucus?—A. Pretty well. 

Q. What was the nature of it?—A. The nature of the business was to call the 
chairmen, I believe, together and instruct them that, notwithstanding we had 
been fighting for Mr. Fairchild right along to get him on the regular ticket, we 
must, in honor, being members of the organization, abide by the decision of the 
court at that time and support, in consequence, the straight Republican ticket. 

Q. Do you know of any expression of Mr. Fairchild's desires in the matter?—A. 
Well, yes; perhaps a great deal better than most of them. On the night before 
election the chairmen were called together up at the Suburban Club hall for the 
purpose of receiving money, etc., to carry on the election; also to receive pasters 
and things, whatever is needed, all the paraphernalia for the chairman. Previous 
to that meeting I was with Mr. Fairchild at the Buckingham Hotel for about two 
hours, and Mr. Fairchild expressed himself: “ If you are going up to that meeting 
to-night, you state for me that it is my desire that I don't want to buck against 
the organization. I want it understood I am not an independent candidate, and 
it is my desire that the men support the regular ticket; ” and I stated that when I 
arrived at the meeting that night, that that was Mr. Fairchild’s express wish. 

Q. Do you think that the fact of last November's election being a national elec¬ 
tion entered into the consideration of the voters at all in preparing their ballots?— 
A. I think not; I think from what I know of the caliber of the men up here they 
would vote the straight ticket anyway, those that belong to the organization— 
those that I am personally acquainted with. 

Q. They simply voted for Mr. Ward because he was declared the regular candi¬ 
date at that time?—A. Yes, sir. 

Q. While personal preference was for Mr. Fairchild?—A. Yes, sir; as much as 
I know. I feel that way, although Mr. Ward would have received the vote in my 
district; but I remember one lection day that all those that came up to me and 
said, “ Do you know I would like to vote for Mr. Fairchild anyway.'’ But I said, 
“Don't you do it; we solemnly promise to stick to the straight ticket, although it 
goes against the grain.” If it hadn’t been for my remonstrance against it I think 
Mr. Fairchild would have received 30 or 40 votes in our district. It was through 
my personal efforts the tickets were not scratched. 

Julius H. Fox. 

Subscribed and sworn to before me this l-2th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 



FAIRCHILD VS. WARD. 


53 


CHARLES W. PASSE, being duty sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 645 East One hundred and sixty-second street. 

0- Bid you reside at 645 East One hundred and sixty-second street last Novem¬ 
ber?—A. I did. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you resided there?—A. Three years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirtieth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the local district organization of your election dis¬ 
trict?—A. Inspector. 

Q. Were you inspector of election on the board of inspectors last November?— 
A. Yes, sir. 

Q. In that election district?—A. Yes, sir. 

Q. Do you know the voters in your district?—A. Most of them. 

Q- Did you know their sentiment last fall regarding the candidate for Congress¬ 
man in this Congressional district?—A. Most of them seemed to favor Mr. Fair- 
child. 

Q. What was your personal preference?—A. Mr. Fairchild. 

Q. But you voted the straight Republican ticket; can you explain that?—A. 
Because the courts decided he was the regular nominee of the Republicans. 

Q. Then it was simply on the ground of regularity that you voted for Mr. Ward, 
while your personal preference was for Mr. Fairchild?—A. Yes, sir. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. -, New York County. 

HENRY TAPPEN, being duty sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1191 Washington avenue. 

Q. Did you reside at 1191 Washington avenue last November?—A. Yes. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. Six or seven years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-ninth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last November?—A. Straight Republican ticket. 

Q. Are you connected with the local district organization of the Republican 
party in that election district?—A. I acted as an inspector. 

Q. At the regular election?—A. Yes, sir; I was chairman of the board. 

Q. Do you know the voters in that district, the Republicans especially?—A. A 
majority of them. 

Q. Did you know their sentiment last fall regarding their preference for candi¬ 
date for Congressman?—A. I think they would have voted for Fairchild if they 
had an opportunity. 

Q. What was your personal preference?—A. I should certainly have done so. 

Q. You state you think they would have voted for Mr. Fairchild if they had an 
opportunity. He was in a separate column on the ballot. Why did you not vote 
for him there?—A. For the simple reason he stated here that whoever they put 
on the straight ticket he wanted supported. 

Q. Himself personally?—A. Yes, sir. 

Q. Do you think the fact of last November's election being a national election 
had anything to do with the method of voting?—A. No; I think not. 


Subscribed and sworn to before me this-day of-, 189—. 


Notary Public No. -, New York County. 

JAMES S. MANSON, being duty sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 963 Prospect avenue. 

Q. Did you reside at No. 963 Prospect avenue last November?—A. I did. 
















54 


FAIRCHILD YS. WARD. 


Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. About eight years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-third. 

(^. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take an active part in the affairs of the local district organization in 
your district?—-A. Chairman of the district organization. 

Q. Did you know the sentiment of the voters in that district last fall regarding 
candidates for Congressman?—A. I think I did; from a house-to-house canvass. 

Q. What was that sentiment?—A. The sentiment was they would vote on the 
straight ticketno matter who was on it, but would much prefer to vote for Fairchild. 

Q. What was your personal preference?—A. For Mr. Fairchild. 

Q. But you voted the straight Republican ticket?—A. I did; and went around 
personally and asked other people whom I knew were favorable to Fairchild, per¬ 
sonally, to do the same thing, on Mr. Fairchild’s own request. 

James S. Manson. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 


DANIEL F. MURPHY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 881 East One hundred and sixty-first street. 

Q. Did you reside at 881 East One hundred and sixty-first streetlast November?— 

A. I did. 

Q. And voted from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. I moved there a year ago last Novem¬ 
ber; I moved into the district around there about seventeen months ago. 

Q. How long have you lived in this vicinity?—A. About the same length of 
time. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-second. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Regular Republican ticket, 
straight. 

Q. Did you take any part in the affairs of the local district organization in your 
district?—A. Secretary of the organization. 

Q. You are secretary of the district organization?—A. Yes, sir. 

Q. Do you know the voters in that district pretty well?—A. Fairly well. 

Q. Did you know their preference last fall regarding the candidate for Congress 
from this district?—A. I know the preference was for Ben L. Fairchild from the 
conversation I had with several of them. 

Q. What was your personal preference?—A. My personal preference was for 
Fairchild, first, last, and all the time, but I voted the straight Republican ticket, 

Q. Can you explain why you did that?—A. My reason for doing that was this 
way: I was with Fairchild and fought for Fairchild all the way through during 
the fight. We had hopes in the district we would still come to the front up to the 
eleventh hour; but Mr. Fairchild asked me to support the regular Republican 
candidates, whoever got the nominations, and the conversation I had with him in 
this house he gave us to understand he wanted us to stick by the straight ticket 
and not vote for Fairchild. 

Q. Do you think the fact of last November's election being a national election 
entered into the consideration of the voters at all in preparing their ballots?—A. 
Hardly. 

Q. You voted, then, practically the straight Republican ticket at Mr. Fairchild’s 
request?—A. No; I didn't vote the straight Republican ticket at his request. I 
should have voted it anyway, without his request; but I voted for Ward at his 
personal request. 

Q. Mr. Ward was on the straight Republican ticket, was he not?—A. Yes, sir. 

Daniel F. Murphy. 

Subscribed and sworn to before me this 12th day of May, 1897. 

Tseal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 



FAIRCHILD VS. WARD. 


55 


JOHN E. BARSTOW, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1011 East One hundred and sixty-fifth street. 

Q. Did you vote from that address last November?—A. No; the house wasn’t 
built last November. I voted from 1021 Prospect avenue, I think. 

Q. 1021 Prospect avenue is on the same property as this is?— A. Yes, sir; the 
same place. 

Q. You have lived on that property for how many years?—A. Forty-two. 

Q. What assembly district is that in?—A. Thirty-fifth. 

0- What election district?—A. Twenty-fifth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the local district organization in your 
district?—A. I have done so. 

Q. Did you hold any position in the organization?—A. Not this year. 

Q. Did you last year?—A. I have all along up to a year ago. 

Q. Are you acquainted with the voters in that district?—A. Yes, sir. 

Q. Did you know their preference last fall regarding the candidate for Congress¬ 
man from that Congressional district?—A. The Republicans were for Fairchild; 
that was their preference. 

Q. What was your personal preference?—A. That was my personal preference. 

Q. But you voted the straight Republican ticket, notwithstanding your per¬ 
sonal preference?—A. I voted the straight Republican ticket. 

Q. Can you explain why you voted the straight Republican ticket when your 
preference was for Mr. Fairchild?—A. Because it was the straight Republican 
ticket. 

Q. Did the fact of its being a national election enter into consideration at all in 
the preparation of the ballots as far as you know?—A. I think that its being a 
national election and that they were tired of the Democratic Administration they 
went right for the Republican ticket right straight through. 

Q. Simply putting their cross under the emblem?—A. Yes, sir; and went right 
straight through. 

Q. Notwithstanding the fact that there was a candidate on the ticket who was 
practically not their personal preference?—A. It was on account of being straight. 


Subscribed and sworn to before me this-day of-, 189—. 

- 5 

Notary Public No. -, New York County. 


OTIS L. FOWLER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1246 Clover street. 

Q. Did you reside at 1246 Clover street last November?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. Two years. 

Q. How long have you lived in that vicinity?—A. Fifteen years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election'district?—A. Forty-seventh. 

Q. What are your politics, Mr. Fowler?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the affairs of the local organization in your election 
district?—A. Yes. 

Q. What position do you hold, if any?—A. Chairman. 

Q. You are chairman of your district and have resided in the vicinity fifteen 
years?—A. Yes, sir. 

Q. Did you attend any of the conventions last fall?—A. Yes, sir. 

Q. What conventions did you attend?—A. National. 

Q. Any others?—A. Yes, sir: I attended pretty near all of them. 

Q. How did you vote at the Congressional convention?—A.. I voted for delegates 
for Mr. Fairchild. 

Q. Do you know the voters in your district?—A. Yes. 

Q. Did you know their sentiment last fall regarding candidates for Congressman 
from this Congressional district?—A. Yes. sir. 

Q. What was that sentiment?—A. The majority were for Fairchild. 

Q. What was your personal preference?—A. Fairchild. 









56 


FAIRCHILD VS. WARD. 


Q. Notwithstanding your personal preference, you voted the straight Repub¬ 
lican ticket, did you not?—A. Yes, sir. 

Q. Can you explain why you voted the straight Republican ticket when your 
preference was for Mr. Fairchild?—A. Because a majority of them up that way 
did. • I did so because I was requested by the district organization to instruct, as 
chairman of the district, all of the Republican voters to vote and support the 
straight Republican ticket. 

Q. Do you think the fact of its being a national election would be taken into 
consideration by the Republican voters in preparing their tickets last election?— 
A. Yes, sir; the voters were afraid to split their tickets for fear of spoiling the 
ballot so it would be thrown out, and thus lose the vote for the entire Republican 
ticket. My district would poll a bigger vote for Mr. Fairchild than it did for Mr. 
Ward, in my opinion. 

Otis L. Fowler. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[SEAL.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

SxlMUEL GREENFIELD, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. Kingsbridge road and Daly avenue. 

Q. Did you reside at Kingsbridge road and Daly avenue last November?— A. 
Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About six or seven years. 

Q. What assembly district is that in?—A. Thirty-fifth assembly district. 

Q. What election district?—A. Forty-seventh. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any active part in the affairs of the local district organization of 
that election district?—A. At times. 

Q. Do you hold any position in the district organization?—A. None. 

Q. Do you know the voters in that district?—A. The majority of them. 

Q. Do you know the Republican voters in that district?—A. The majority of 
them. 

Q. Did you know the preference last fall regarding candidates for Congressman 
in this Congressional district?—A. Not all of them. 

Q. Did you know any of their preferences?—A. Some. 

Q. What were the preferences?—A. They were divided. 

Q. Those that you knew, what were the majority of them?—A. For Mr. Fair- 
child. 

Q. What was your personal preference?—A. I was a delegate from that district 
and my personal preference was for Fairchild, although I voted for Mr. Ward. 

Q. Why did you vote for Ward on election day if your personal preference was 
for Fairchild?—A. Because I voted the straight ticket, and it was on account of 
the personal letter of Fairchilds that I saw in the public print, saying he would 
like to see all Republicans vote the straight ticket. 

Samuel Greenfield. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 


CHARLES F. BRADBURY, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1419 Washington avenue. 

Q. Did you reside at 1419 Washington avenue last November?—A. I did. 

Q. Did you vote from that address?—A. I did. 

Q. How long have you lived there?—A. Oh. twenty-five years. 

Q. What assembly district is that in?—A. That Is in the thirty-fifth of the 
thirty-fifth. 

Q. What are your politics?—A. I am a Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Do you take any part in the affairs of the local district organization in vour 
district?—A. A little. 





FAIRCHILD VS. WARD. 57 

Q. Do you hold any position in that organization?—A. I am vice-chairman. 

Q. Was at that time?—A. Yes, sir. 

Q. What position do you hold now?—A. I have been elected chairman. 

Q. Are you acquainted with the voters in that district?—A. Yes, sir. 

Q. Especially the Republican voters?—A. Particularly. 

Q. Did you know their sentiment last fall regarding the candidates for Congress¬ 
man in this Congressional district?—A. Yes. 

Q. What was that sentiment?—A. The sentiment was in favor of Mr. Fairchild. 

Q. What was your personal preference?—A. My personal preference was for 
Mr. Fairchild. 

Q. But you voted the straight Republican ticket?—A. Yes, sir. 

Q. Can you explain why you voted the straight Republican ticket when your 
preference was for Mr. Fairchild?—A. Because I understood it was Mr. Fairchild’s 
wish that the Republican ticket be voted straight. 

Q. Then it was on the ground of regularity, as I understand you?—A. Yes, sir. 

Q. Did you assist at the polls on election day in getting out Republican vote?— 
A. I did. 

Q. Were you there nearly all day?—A. Almost all day. I was there from 7 
o'clock in the morning until we quit. I don’t know what time that was. 

Q. Did you personally request any of the Republican voters you met on election 
day to vote the straight Republican ticket?—A. Yes. sir. 

Q. And you understood that was the request of Mr. Fairchild?—A. That is the 
way I understood it. 

Q. And it had been so communicated to the districts?—A. Yes, sir. 

Charles F. Bradbury. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 


FREDERICK G. OTT, being duly sworn, testifies as follows: 


By Mr. Brown: 

Q. Where do you reside?—A. 1861 Washington avenue. 

Q. Did you reside at 1861 Washington avenue last November?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there in that vicinity?—A. About fourteen years. 
Q. What election district is that in?—A. Thirty-fifth. 

Q. What assembly district?—A. Thirty-fifth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Are you an enrolled Republican in that election district?—A. Yes, sir. 

Q. Do you belong to the regular Republican organization in the district?—A. 
Yes, sir. 

Q. Are you acquainted with the Republicans in that district, both in the organi¬ 
zation and in the several mills in that district?—A. Yes. 


Q. Did you know the sentiments of the Republicans in that election district 
last November regarding the candidate for Congressman?—A. Yes, sir. 

Q. What was that sentiment?—A. They were in favor of Fairchild. 

Q. What was your personal preference?—A. Fairchild. 

Q. But you voted for Mr. Ward, did you not?—A. Yes, sir. 

Q. Why, if your personal preference was for Mr. Fairchild?—A. I simply voted 
the straight Republican ticket. 

Q. Why did you vote the straight Republican ticket?—A. I was requested by 
the chairman of the district, as lie had told me it was Mr. Fairchild's personal 

request. _ ^ ^ 

Fred G. Ott. 


Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. llo, New York County. 


JOHN B. MOCKABEE, Jr., being duly sworn, testifies as follows: 
By Mr. Brown: 

Q. Where do vou reside?—A. 1848 Franklin avenue. 

Q. Did you reside at 1848 Franklin avenue last November?—A. I did. 
Q. Did you vote from that address?—A. Yes, sir. 


58 


FAIRCHILD VS. WARD. 


Q. How long have you lived there?—A. Eleven years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Thirty-sixth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Do you take any active part in the district organization of the Republican 
party in that election district?—A. I do. 

Q. Do you hold any position in the district organization?—A. I do. 

Q. What position do you hold in that organization?—A. Chairman. 

Q. Are you acquainted with the Republican voters in the district?—A. I am. 

Q. Did you know what their sentiment was last fall regarding the candidate for 
Congressman from this Congressional district?—A. Yes, sir. 

Q. What was that sentiment?—A. For Ben L. Fairchild. 

Q. What was your personal preference?—A. Ben L. Fairchild. 

Q. There has been offered in evidence in this case on the part of the contestee a 
duplicate of the official ballot voted in this district on election day, showing Mr. 
Fairchild's name printed upon the ballot in the independent column. How do you 
account for it, in view of your statement of the individual preference of the voters 
for Mr. Fairchild, that he received so small a vote with the opportunity offered of 
his name being printed on the ballot?—A. Experience with the new ballot law has 
proved it impossible to elect a man unless his name appears in the party column. 
The reason of this is due in part to a feeling of party loyalty among voters. It is 
also due to the fear among large numbers of voters that if they attempt to split 
the vote they will make a mistake and spoil the ballot. It is also due to the fact 
that large numbers of voters are either foreigners or people who don't understand 
the English language well, or ignorant voters who are unable to vote in any other 
way than to be guided by the emblem of their party printed at the top of the 
party column. For these reasons even voters who would feel confident of splitting 
their vote without spoiling the ballot are deterred from expressing their individual 
preference by the knowledge that it is impossible to elect a candidate in an inde¬ 
pendent column, and that any effort to do that would result only in electing the 
candidate of the opposing party. 

John B. Mockabee, Jr. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] ' Wm. I. Brown, 

Notary Public No. -, New York County. 


EDWARD BISSINGrER, called and sworn as a witness, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 670 East One hundred and fifty-third street. 

Q. Did you reside at 670 East One hundred and fifty-third street last Novem¬ 
ber? -A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. About two years. 

Q. How long have you lived in that vicinity?—A. Oh, about eight years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Eleventh. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican. 

Q. Do you take any part in the election district affairs of the Republican jiarty 
in that election district?—A. Yes, sir. 

Q. Do you hold any position in the election district organization?—A. Chair¬ 
man. 

Q. You are chairman in that election district?—A. Yes, sir. 

Q. Do you know the voters of the Republican party in that election district?— 
A. Yes, sir. 

Q. Are you acquainted with them personally?—A. Yes, sir; the majority of 
them. 

Q. Did 3 t ou know their sentiment last November regarding candidates for Con¬ 
gressman from this election district?—A. Part of it; not all of it. 

Q. What were the sentiments of those you knew?—A. For Fairchild. 

Q. What was your personal preference?—A. Fairchild. 

Q. How do you then account for the fact that you voted the straight Republican 
ticket if your personal preference was for Mr. Fairchild?—A. To make it straight; I 
never split a ticket. I have found in my experience that voters in general are afraid 



FAIRCHILD VS. WARD. 59 

of spoiling their ballots by splitting their ticket. They simply put their cross at 
the top of the column under the party emblem. 

Edward Bissinger. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. -, New York County. 

RUDOLPH E. MOMBERGER, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 1144 Tinton avenue. 

Q. Did you reside at 1144 Tinton avenue last November?—A. Yes, sir; for the 
last twenty-nine years. 

Q. And voted from that address?—A. I did. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Twenty-fifth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 

Q. Are you an enrolled Republican in that district?—A. I am. 

Q. Are you acquainted with Republican voters in that election district?—A. 
Yes, sir; personally and thoroughly. 

Q. Did you know their preferences last fall from the Sixteenth Congressional 
district?—A. I did: as far as could be ascertained from conversation with them. 

Q. What was that sentiment?—A. In favor of Mr. Fairchild. 

Q. What was your personal sentiment?—A. Strongly in favor of Mr. Fairchild. 

Q. But notwithstanding your personal preference for Mr. Fairchild you voted 
the straight Republican ticket?—A. Yes, sir. 

Q. There has been offered in evidence by the contestee in this proceeding a 
duplicate of the official ballots voted in this Congressional district on election day, 
November 3, 1896, on which there appears the name of Ben L. Fairchild in a 
separate column other than the regular Republican column. How do you account 
for the small vote that Mr. Fairchild received when you consider the fact that 
the preference was for Mr. Fairchild, as you have stated?—A. Individually I 
should say I think in a great many instances the majority of the voters in that 
district were guided by the belief that if they should depart from the straight 
Republican ticket that they might perhaps make an error which would invalidate 
their entire ticket. Another thing, their loyalty to the one ticket would preclude 
the possibility in their own minds of their desiring to make a substitution from 
another column, for the reason it might perhaps cause them to make some mis¬ 
take which would be a grievous one. As for myself, individually, I was under 
the impression, upon information, that Mr. Fairchild had expressed a desire that 
the voters should stand by the straight Republican ticket, and consequently I 
abided by that impression and so voted, notwithstanding the fact that my strong 
preference would have been to cast my ballot for Mr. Fairchild direct. 

Q. Would your experience of the working of a new ballot law, under which the 
election of November 3, 1896. was held, lead you to believe that a man could or could 
not be elected whose name appeared only in the independent column and not a party 
column?—A. Ordinarily, under our ballot law, it certainly would be difficult, if 
not impossible, to elect a man whose name appeared only in an independent col¬ 
umn. In the case of a Congressional contest last fall it would have been even more 
impossible, because the court’s decision which prevented Mr. Fairchild’s name 
from being printed in the Republican column was only handed down four days 
before election, and it certainly would have been impossible in that short time to 
have organized a campaign in the whole Congressional district that would have 
resulted in his election. 

R. E. Momberger. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown. 

Notary Public No. 110, New York County. 

ANTHONY STUMPF. being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 549 East One hundred and fifty-fifth street. 

Q. Did you reside at 549 East One hundred and fifty-fifth street last Novem¬ 
ber?—A. Yes, sir. 

Q. Did you vote from that address last election day?—A. I did. 



60 


FAIRCHILD VS. WARD. 


Q. How long have you resided there?—A. Eighteen years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Fifteenth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote?—A. Straight Republican ticket; regular Repub¬ 
lican ticket. 

Q. Did you take any active part in the affairs of the Republican district organ¬ 
ization of the election district?—A. I did. 

Q. Do you hold any position in the election district organization?—A. Chairman. 

0. And you have resided in that vicinity eighteen years?—A. Yes, sir. 

Q. Do you know the voters in that election district?—A. I do. 

Q. Did you know their sentiment last fall regarding the Congressional candi¬ 
date?—A. I did. 

Q. What was that sentiment?—A. The sentiment in our district was that Mr. 
Ben L. Fairchild was the logical candidate of our party, the Republican party. 

Q. What was your personal preference?—A. Mr. Ben L. Fairchild was my per¬ 
sonal choice. 

Q. But you voted the straight Republican ticket?—A. I did. 

Q. Notwithstanding the fact that you considered, and also your district con¬ 
sidered. Mr. Fairchild the logical candidate?—A. I voted for Mr. Ward in the 
face of that, and instructed every voter in the district to vote likewise, every 
Republican. 

Q. Upon what grounds did you so instruct them?—A. I presume that because 
Mr. Ward’s name was in that column that he had been finally selected of the two 
gentlemen to represent the Republican party. 

Q. By whom selected?—A. By the decision of the court, rendered about five or 
six days prior to the election day. 

Q. The contestee in this matter has offered in evidence a duplicate of the official 
ballot voted in this Congressional district last November, on which appears the name 
of Ben L. Fairchild in a separate column other than the regular Republican col¬ 
umn. Do you think a candidate so placed stands a chance of election under our 
present ballot law?—A. I do not; and believe the placing of a name in there prac¬ 
tically eliminates him from the contest. 

Q. Do you not think he could muster enough strength among the Republicans 
in the district to be elected while placed in that column?—A. I do not. I believe 
that the party loyalty of a Republican will estop him from voting for an inde¬ 
pendent candidate, even though he was the logical candidate originally. 

Q. Then you believe they will vote the Republican ticket on the ground of reg¬ 
ularity, regardless of who the candidates are?—A. Yes. sir. In my district we do 
not look to the man. He is a stranger to us. We rely upon the party. Many 
voters are afraid of splitting their tickets. An ignorant voter would have some 
hesitancy in voting a split ticket for fear his vote might not only be thrown out 
for some reason or other, but also for the further fear that through some error he 
might elect the candidate on the opposite side. The Germans in our district rely 
explicitly upon the emblem of our party as to their choice. While they might 
have expressed personal preference to Mr. Fairchild, their lack of knowledge of 
the English language would practically estop them from selecting him as their 
candidate. 

Anthony Stumpf. 

Subscribed and sworn to before me this 12th day of May. 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110, New York County. 

OTTO T. SCHMITT, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. 561 East One hundred and fifty-fifth street. 

Q. Did you reside at 561 East One hundred and fifty-fifth street last Novem¬ 
ber?—A. Yes, sir. 

Q. Did you vote from that address?—A. Yes, sir. 

Q. How long have you lived there?—A. At that address since 1888. 

Q. How long have you lived in that vicinity?—A. Well, in that particular neigh¬ 
borhood since 1888. 

Q. What assemby district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Fifteenth. 

Q. What are your politics?—A. Republican. 

Q. What ticket did you vote last election?—A. Straight Republican ticket. 


• FAIRCHILD VS. WARD. 61 

Q. Do you take any part in the affairs of the election district of the organization 
in your district?—A. Yes, sir. 

Q- Do you hold any position in the election district organization?—A. I do; that 
is, in the Republican election district organization. 

Q. What position do you hold?—A. I am secretary at present. 

Q. Do you know the Republican voters in the election district?—A. Pretty 
much. 

Q. Did you know their sentiments last fall regarding Congressional candi¬ 
dates?—A. Quite a number. 

Q. What was that sentiment?—A. I should consider that the prevailing senti¬ 
ment of the people—of the Republicans—was to vote for Mr. Fairchild; of course 
there were some few that would vote for the other man, Ward. 

Q. What was your personal preference?—A. My personal preference was for 
Mr. Fairchild, of course; but I voted for Mr. Ward—voted the regular ticket— 
because I didn’t want to throw my vote away. I didn’t want to vote for Fair- 
child the way the ticket was arranged. Here [producing same] is a copy of the 
ticket. Of course you are acquainted with it. Here is the vote in our district, as 
near as I could get it from the memorandum I made at the time. An examina¬ 
tion of this ballot shows, in the case of Congressional candidates, the chances of 
error in attempting to split a ticket, even among intelligent voters. There was 
one case in the district where a man put his cross in the circle at the top of the 
Republican column and also put his cross in the circle over Mr. Fairchild’s name 
instead of in the space opposite the name. There was a discussion at the time 
among the inspectors as to whether that vote should be counted—as to whether it 
was a proper vote—as the law, as I understand it, says that a cross should be 
placed only in one circle, etc. Another instance where voters would feel con¬ 
fused as to how to split a ticket was the election, I think, a year ago last fall, 
where there were several judges to be elected, and the question arose as to which 
candidate of your own party would be scratched in case the voter placed a cross 
opposite one of the candidates of the opposite party. It was talk around, that I 
heard, if a cross was placed in the circle at the top of one column and then a cross 
opposite the name of one or more candidates for judge in the adjoining column, 
the question was not quite clear how that would be counted. I understood it, of 
course. I was posted on the law, but some people didn't understand it; intelli¬ 
gent voters. Questions of such kind and others have made voters afraid to attempt 
splitting their tickets. 

Otto T. Schmitt. 

Subscribed and sworn to before me this 12th day of May, 1897. 

Wm. I. Brown, 

Notary Public No. 110, New York County. 

Erasures and alterations where initialed made before execution. 

Wm. I. Brown. 

GEORG-E DRAKE SMITH, being duly sworn, testifies as follows: 

By Mr. Brown: 

Q. Where do you reside?—A. Suburban street, Twenty-fourth Ward. 

Q. Did you reside at that address last November?—A. Yes, sir. 

Q. And voted from that address?—A. Y r es, sir. 

Q. How long have you resided there?—A. Fourteen years. 

Q. What assembly district is that in?—A. Thirty-fifth. 

Q. What election district?—A. Fifty-fourth. 

Q. Do you take any part in the affairs of the local district organization?—A. 
Yes, sir; I have acted as chairman up to a year ago ever since it was organized. 

q! Have you ever run for office on the Republican ticket in this district?—A. 
Yes’ sir; for senator in the Twenty-first district. 

Q. And are you acquainted with the Republican voters, not only m this assembly 
district, but also in this Congressional district?—A. Yes, sir; as well as any man 

in the district, I think. ^ _ 

Q. Did you know the individual preference of the Republican voters m your 

district last election respecting Congressional candidates?—A. Yes, sir. 

Q. What was the individual preference of the Republican voters m your dis¬ 
trict?—A. Most undoubtedly for Mr. Fairchild. . . 

Q When you were a candidate for State senator m the senatorial district, did 
you make a canvass of the district; and if so, to what extent?—A. My canvass 
occupied every moment of my time from the night I was nominated until the 


62 


FAIRCHILD VS. WARD. 


close of the polls on election day, covering a period of about one month, and took 
me among the Republican voters all over the senatorial district. 

Q. Have you at any of the elections than the one at which you were a candidate 
for State senator made a canvass throughout the senatorial district?—A. Yes; at 
every election during the last six years. 

Q. And are you well acquainted with Republicans throughout the senatorial 
district?—A. Having receiving the votes of nearly 11,000 Republicans, and run¬ 
ning ahead of my ticket, I know that my acquaintance is thorough in the entire 
district. Prior to the senatorial canvass, my canvass of the district made with 
the Republican ticket at the preceding elections, covering a number of years, had 
brought me into personal contact with the Republican voters throughout the dis¬ 
trict, and gave me a large personal acquaintance with them. During the last 
Congressional campaign I made a canvass for the Republican ticket through 
Westchester County, as well as the New York City portion of the Congressional 
district. 

Q. Is your senatorial district located wholly within the Sixteenth Congressional 
district?—A. With the exception of a few square blocks in the eastern section of 
Harlem. 

Q. During last fall's campaign, did you have an opportunity of learning of the 
individual preferences of the Republican voters regarding Congressional can¬ 
didates?—A. I did. 

Q. What was the prevailing sentiment of the Republican voters in the Congres¬ 
sional district respecting individual preferences as to Congressional candidates?— 
A. Most undoubtedly and emphatically for Congressman Ben L. Fairchild. 
Nothing but the fact that up to the time of the election, the lower courts having 
declared Mr. Ward the candidate, and his name being on the official ballot in the 
Republican column, and loyalty to the party, gave Mr. Ward the vote he received. 

Q. The contestee in this case has offered in evidence a duplicate of the official 
ballot voted in the Sixteenth Congressional district last fall, showing that Mr. 
Fairchild s name was printed in the Independent column on that ballot. How can 
you account for the comparatively small vote received by Mr. Fairchild, in view 
of the opportunity thus given to vote for him by his name being printed on the 
ballot, and in view of your statements that the prevailing sentiment of the Repub¬ 
licans in the district was in favor of Mr. Fairchild for Congress?—A. The Repub¬ 
lican voters, though preferring Mr. Fairchild, he being not printed in the regular 
column would injure the success of the Republican ticket, did not attempt to vote 
for Mr. Fairchild under another emblem than the regular Republican emblem, 
fearing that by so doing they would elect a Democrat for Congress. We know 
that under the new ballot law it would be impossible to elect a man in the Inde¬ 
pendent column, because there are too many voters who are deterred from split¬ 
ting their tickets for fear of spoiling their ballots. 

Geo. Drake Smith. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Wm. I. Brown, 

Notary Public No. 110 , New York County. 

County Clerk's Office, 

White Plains , May 8, 1897. 

Appearances: Mr. Ben L. Fairchild in person. 

James H. Moran appeared, and stated in behalf of Mr. William L. Ward that 
Mr. Ward refused to appear on the ground that a notice was not served in time. 

Mr. Fairchild stated that the notice was served on Mr. Ward on May 0,1897, at his 
home in Portchester, N. Y.; that at the commencement of this hearing Mr. Moran 
returned the notice so served on Mr. Ward, with the notice addressed to Mr. Fair- 
child indorsed thereon and signed by Mr. Ward, as follows: 

“You will please take notice that the within notice of taking deposition in 
rebuttal is hereby returned to, because not served five days before taking such 
depositions, as required by statute, and because it is impossible for my counsel to 
attend at the time stated in said notice for taking such depositions, on account of 
the absence from home and the existence of other important professional engage¬ 
ments. 

"Yours, etc., Wm. L. Ward. 

“To Ben L. Fairchild.” 

Mr. Fairchild returned the notice to said James H. Moran, informing him at 
the same time that the statute does not require five days’ notice, and that owing 
to the short time allowed for taking rebuttal testimony he must insist upon pro¬ 
ceeding to take the depositions in accordance with the notice. 


FAIRCHILD VS. WARD. 


63 


Mr. Fairchild thereupon stated to said James H. Moran, in the presence of the 
notary, that owing to the short time allowed for taking testimony in rebuttal he 
would feel obliged to proceed with taking the depositions to-day, but that he would 
consent to an adjournment for any time of the da}' that Mr. Moran would agree 
to. for the purpose of giving Mr. Ward every opportunity to be present. 

Mr. Moran refused to agree to the proposition, and stated that he only repre¬ 
sented Mr. Ward to the extent of returning to Mr. Fairchild the aforesaid notice 
for taking depositions which had been served upon Mr. Ward. 

Mr. Fairchild asked the notary to notify Mr. Moran that the depositions would 
be proceeded with in accordance with the notice, and any adjournments that may 
be made in accordance with such notice. 

The county clerk refusing to testify, adjournments were made to 11.30 a. m., at 
the same place, by the notary. 

Wm. W. Ford, Notary Public. 

The notary so notified Mr. Moran. 


Office of Geo. T. Capron, 
White Plains, N. Y.—10 a. in 


Appearances: Mr. Ben L. Fairchild in person. 

James H. Moran appeared and stated in behalf of Mr. W. L. Ward that Mr. 
Ward refused to appear on the ground that a notice was not served in time. Mr. 
Fairchild stated that the notice was served on Mr. Ward on May 6. 1897, at his 
home in Portchester, N. Y.; that at the commencement of this hearing Mr. Moran 
returned the notice so served on Mr. Ward, with the notice addressed to Mr. Fair- 
child indorsed thereon, and signed by Mr. Ward, as follows: 

“ You will please take notice that the within notice of taking deposition in 
rebuttal is hereby returned to, because not served five days before taking such depo¬ 
sitions, as required by statute, and because it is impossible for my counsel to attend 
at the time stated in said notice for taking such depositions on account of the 
absence from home and the existence of other important professional engagements. 

“ Yours, etc., 


“Wm. L. Ward. 


“To Ben L. Fairchild.” 


Mr. Fairchild returned the notice to said James H. Moran, informing him at the 
same time that the statute does not require five days' notice, and that owing to the 
short time allowed for taking rebuttal testimony he must insist upon proceeding 
to take the depositions in accordance with the notice. 

Mr. Fairchild thereupon stated to said James H. Moran, in the presence of the 
notary, that owing to the short time allowed for taking testimony in rebuttal he 
would feel obliged to proceed with taking the depositions to-day, but that he would 
consent to an adjournment for any time of the day that Mr. Moran would agree 
to. for the purpose of giving Mr. Ward every opportunity to be present. 

Mr. Moran refused to agree to the proposition, and stated that he only repre¬ 
sented Mr. Ward to the extent of returning to Mr. Fairchild the aforesaid notice 
for taking depositions which had been served upon Mr. Ward. 

Mr. Fairchild asked the notary to notify Mr. Moran that the depositions would 
be proceeded with in accordance with the notice and any adjournments that may 
be made in accordance with such notice. 

The notary so notified Mr. Moran. 


JAMES F. SECOR, Jr., being duly sworn, deposes and says as follows: 

Q. State your name, age. and place of residence?—A. James F. Secor, jr.; 49 
years old; residence, Pelham Manor, Westchester County, N. Y. 

Q. Mr. Secor, did you receive an order signed by the county judge of West¬ 
chester County, dated May 4. 1897, requiring, among others, the town clerk of 
Pelham to open the ballot boxes containing ballots voted in said town at the elec¬ 
tion of November 3,1896, and requiring said town clerk to submit such ballots to 
the examination of Mr. Fairchild and his authorized counsel or representative?— 
A. I did. 

Q. Is the paper I now hand you a duplicate of such order?—A. It is. 

(Paper marked Contestant's Exhibit A, offered in evidence of this date, marked 
May 8, 1897.—Wm, W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to exam¬ 
ine the ballots in the town of Pelham?—A. I was; by written authority. 

Q. What did you do in pursuance of that order and that written authority?—A. 
I called on the town clerk. Mr. Caffrey, and presented the order and written 
authority to him, and together we went to his office in the town hall and opened 
one box containing the ballots that were voted at the election held November 3, 


64 


FAIRCHILD VS. WARD. 


1896. The town clerk stated to ine that one box was opened by some unknown 
person or persons, and the ballots taken out and could not be found. The one box 
that I examined contained 118 ballots. 

Q. Did you make a careful examination of each one of those 118 ballots?—A. 
Yes. 

Q. Did you compute the number of votes received by Win. L. Ward in the 
Republican column on straight Republican ballots on those 118 ballots found in 
that box?—A. I did. 

Q. State the result of your computation?—A. I found that the number of straight 
Republican ballots were 6. The number of split ballots which contained Ward's 
name in the Republican column were 2. Making a total of 8 votes received for 
Mr. Ward in the Republican column. The number of votes cast for Mr. Ward in 
the Independent column was 1. The number of Ward votes in the Republican 
column voted by X in a circle at the top of column was 8. The number of Ward 
votes in the Republican column voted by X opposite his name, none. 

Q. How many Republican ballots were voted in the town of Pelham, including 
the destroyed ballots with the ballots inspected by you, if you know?—A. One 
hundred and nineteen. 

Q. How many Republican votes were received by Mr. Ward in the town of Pel¬ 
ham for Congress, if you know?—A. Mr. Ward's total vote in the town was 129. 
The missing box contained most of the Republican votes that were voted at the 
November election, and the box I examined contained most of the Democratic 
votes 

Q. Did the town clerk state to you when the missing ballots were destroyed?— 
A. He stated that the boxes were sealed in his room a few days before the village 
election, which was held on the third Tuesday in March, in 1897, in the court-house. 
That after the election he found one of the boxes had been broken into, the con¬ 
tents removed, and the boxes used for the purposes of the election, and the contents 
had been missing ever since 

James F. Secor, Jr. 

Sworn to before me this 8th day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public, Westchester County. 

ALFRED E. SMITH, being duly sworn, deposes and says: 

Q. State your name, age, and place of residence?—A. Alfred E. Smith; age, 33; 
residence, Bronxville, Westchester County, N. Y. 

Q. Mr. Smith, did you receive an order signed by the county judge of West¬ 
chester County, dated May 4, 1897, requiring among others the town clerk of East 
Chester to open the ballot boxes containing ballots voted in said town at the elec¬ 
tion of November 3, 1898. and requiring said town clerk to submit such ballots to 
the examination of Mr. Fairchild and his authorized counsel or representative?— 
A. I did. 

Q. Is the paper I now hand you a duplicate of such order?—A. It is. 

(Paper offered in evidence and marked Contestant’s Exhibit A, May 8, 1897.— 
Wm. W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to exam¬ 
ine the ballots in the town of East Chester?—A. I was by written authority. 

Q. What did you do in pursuance of that order and that written authority?— 
A. I presented the order to the town clerk, Fisher, and went with him to the office 
of the town clerk, where he found the ballots-voted at the election of November 3, 
1896, in election district No. 2. He was unable to find the ballots voted in the 
First election district. There being but two districts in the town. He stated that 
he did not know where the ballots voted in the First district had disappeared to. 

Q. Did you make a careful examination of the ballots?—A. Yes. 

(^. Did you compute the number of votes received by William L. Ward in the 
Republican column on straight Republican ballots on those ballots found in that 
box?—A. I did. 

Q. State the result of your computation.—A. 1 found that the number of straight 
Republican ballots were 180. The number of split ballots which contained Ward’s 
name in the Republican column were 10, making a total of 190 votes received 
for Mr. Ward in the Republican column. The number of votes cast for Mr. 
Ward in the Independent column was none. The number of Ward votes in the 
Republican column, voted by X in a circle at the top of column, was 190. The 
number of Ward votes in the Republican column, voted by X opposite his name, 
was 5. 

Q. How many Republican ballots were voted in the town of East Chester, if you 
know?—A. I do not know. 


FAIRCHILD VS. WARD. 65 

Q. How many Republican votes were received by Mr. Ward in the town of East 
Chester for Congress, if you know?—A. I do not know. 

Q. Did the town clerk state to you when the missing ballots were destroyed?— 
A. He stated he did not know and searched through the office to find them. 

Alfred E. Smith. 

Sworn to before me this 8th day of May, 1897. 

[seal, j Wm. W. Ford, Notary Public. 

SAMUEL H. SMITH, being duly sworn, deposes and says: 

Q. State your name, age, and place of residence.—A. Samuel H. Smith; age, 32; 
residence, Purdys Station (North Salem), Westchester County. 

Q. Mr. Smith, did you receive an order signed by the county judge of West¬ 
chester County, dated May 4, 1897, requiring among others the town clerk of 
North Salem to open the ballot boxes voted in said town at the election of Novem¬ 
ber 3, 1896, and requiring said town clerk to submit such ballots to the examina¬ 
tion of Mr. Fairchild and his authorized counsel or representative?—A. I did. 

Q. Is the paper I now hand you a duplicate of such order?—A. It is. 

(Paper offered in evidence marked Contestant's Exhibit A, May 8, 1897. Wm. 
W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to examine 
the ballots in the town of North Salem?—A. I was, by written authority. 

Q. What did you do in pursuance of that order and that written authority?—A. 
I called on the town clerk, Albert J. Lobdell, and presented the order and written 
authority to him. He took me to the town hall and delivered one box of ballots 
containing the ballots of the First district. I asked for the ballots of the Second dis¬ 
trict, and he said they had never been delivered to him. He had asked the inspector 
of election of Second district, and he had said, “He did not know, but thought 
they had been sent to the town clerk's office or burnt.” 

Q. Did you make a careful examination of each of the ballots?—A. I did. 

Q. Did you compute the number of votes received by Wm. L. Ward in the 
Republican column on straight Republican ballots on the ballots found in the 
box?—A. I did. 

Q. State the result of your computation.—A. I found that the number of straight 
Republican ballots were 89. The number of split ballots which contained Ward's 
name in the Republican column was 3, making a total of 92 votes received for 
Mr. Ward in the Republican column. The number of votes cast for Mr. Ward 
in the Independent column, none. The number of Ward votes in the Republican 
column voted by X in a circle at the top of column was 91. The number of Ward 
votes in the Republican column voted by X opposite his name, 1. 

Q. How many Republican ballots were voted in the town of North Salem, if you 
know?—A. I do not know. 

Q. How many Republican votes were received by Mr. Ward for Congress in the 
town of North Salem?—A. I do not know. 

Q. Did the town clerk state to you when the missing ballots were destroyed?— 
A. He did not know. 

Samuel H. Smith. 

Sworn to before me this 8th day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public, Westchester County. 

EDWARD B. REAR, being duly sworn, deposes and says: 

Q. State your name, age, and place of residence.—A. Edw. B. Rear; age, 31; 
residence, Yorktown Heights, town of Yorktown. 

Q. Mr. Rear, did you receive an order signed by the county judge of West¬ 
chester County, dated May 4, 1897, requiring among others the town clerks of the 
town of Yorktown and the town of Somers to open the ballot boxes containing 
ballots voted in said towns at the election of November 3, 1896, and requiring said 
town clerk to submit such ballots to the examination of Mr. Fairchild and his 
authorized counsel or representative?—A. Yes. 

Q. Is the paper I now hand you a duplicate of such order?—A. It is. 

(Paper offered in evidence marked Contestant’s Exhibit A, May 8, 1897. Wm. 
W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of tha order, to exam¬ 
ine the ballots in the town of Yorktown?—A. I was, by written authority. 

Q. What did you do in pursuance of that order and that written authority?—A. 
I called on the town clerk, George J. Puroy, and presented the order and written 

11600-5 



66 


FAIRCHILD VS. WARD. 


i 


authority to him. We opened the two boxes in his office that were voted at the 
election of November 3, 1896. 

Q. Did you make a careful examination of each of the ballots?—A. Yes. 

Q. Did you compute the number of votes received by Wm. L. Ward in the 
Republican column on straight Republican ballots on the ballots found in the two 
boxes?—A. Yes. 

Q. State the result of your computation.—A. I found the number of straight 
Republican ballots were 332; the number of split ballots which contained Ward’s 
name in the Republican column was 18. making a total of 350 votes received for 
Mr. Ward in the Republican column. The number of votes cast for Mr. Ward in 
the Independent column was 1; the number of Ward votes in the Republican 
column, voted by X in a circle at the top of column, was 344; the number of Ward 
votes in the Republican column, voted by X opposite his name, was 6. 

Q. How many Republican ballots were voted in the town of Yorktown, if you 
know?—A. I do not know. 

Q. How many Republican votes were received by Mr. Ward for Congress in the 
town of Yorktown?—A. Mr. Ward’s total vote was 351 in the town of Yorktown. 
For town of Somers, I called on the town clerk, Mr. Charles T. Tompkins, and 
presented the order and written authority to him, and we went to his office and 
found two boxes containing the ballots that were voted at the election of Novem¬ 
ber 3, 1896. 

Q. Did you make a careful examination of those ballots?—A. Yes. 

Q. Did you compute the number of votes received by Wm. L. Ward in the 
Republican column on straight Republican ballots found in the two boxes?—A. 
Yes. 

Q. State the result of your computation.—A. I found the number of straight 
Republican ballots which contained Ward's name in the Republican column were 
184; the number of split ballots which contained Ward’s name were 21 in the 
Republican column: the number cast for Mr. Ward in the Independent column 
was 1; the number of Ward votes in the Republican column, voted by X in a cir¬ 
cle at the top of column, was 202; the number of Ward votes in the Republican 
column, voted by X opposite his name, 3. The total vote received by Mr. Ward 
for Congress was 206. 

Edward B. Rear. 

Sworn to before me this 8th day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public, Westchester County. 

HENRY FIELDEN, being duly sworn, deposes and says: 

Q. State your name, age, and place of residence.—A. Henry Fielden; age, 33 
years: residence, North Tarrytown, Westchester County, N. Y. 

Q. Mr. Fielden, did you receive an order signed by the countv judge of West¬ 
chester County, dated May 4, 1897, requiring, among others, the town clerk of 
Mount Pleasant to open the ballot boxes containing ballots voted in said town at 
the election of November 3, 1896, and requiring said town clerk to submit such 
ballots to the examination of Mr. Fairchild and his authorized counsel or repre¬ 
sentative?—A. I did. 

Q. Is the paper I now hand you a duplicate of such order?—A. It is. 

(Paper .offered in evidence marked Contestant’s Exhibit A, May 8,1897. Wm. 
W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to examine 
the ballots m the town of Mount Pleasant?—A. I was by written authority. 

Q. What did you do in pursuance of that order and* that written authority?— 
A. I went to J. Benedict See, the town clerk of Mount Pleasant, and presented the 
order and written authority and he immediately handed over the six ballot boxes 
containing the votes cast at the election of November 3, 1896. 

Q. Did you make a careful examination of each of the ballots?—A. I did. 

Q. Did you compute the number of votes received by William L. Ward in the 
Republican column on straight Republican ballots found in the boxes?—A. I did. 

Q. State the result ol your computation.—A. I found the number of straight 
Republican ballots were 127 in district No. 1; 168 in district No. 2; 127 in district 
No. 3; 102 m district No. 4: 83 in district No. 5: 105 in district No. 6. The num¬ 
ber of split ballots which contained Ward’s name in the Republican column was 
as follows: Ten in district No. 1; 15 in district No. 2; 12 in district No. 3- 6 in dis¬ 
trict No.4; 4 m district No. 5; 7 in district No. 6. The number of votes cast for 
-Mi* Weird in the Independent column: None in district No. 1; none in district No 
2; none in district No. 3; 2 in district No. 4: none in district No. 5; none in dis¬ 
trict No. 6. The number of Ward votes in the Republican column voted by X in 


FAIRCHILD VS. WARD. 


67 


a circle at the top of column was as follows: 132 in district No. 1; 179 in district 
No. 2; 133 in district No. 3; 108 in district No. 4; 86 in district No. 5: 111 in dis¬ 
trict No. 6. The number of Ward votes in the Republican column voted by X 
opposite his name was as follows: Five in district No. 1; 4 in district No. 2; 6 in 
district No. 3; none in district No. 4; 1 in district No. 5; 1 in district No. 6. 

Q. How many Republican votes were received by Mr. Ward in the town of 
Mount Pleasant for Congress, if you know?—A. One hundred and thirty-seven in 
district No. 1; 183 in district No. 2; 139 in district No. 3: 108 in district No. 4: 87 
in district No. 5; 112 in district No. 6. I found 10 votes for Mr. Fairchild in excess 
of the number as shown by the returns of the inspectors as they appear in the 
official report of the board of county canvassers. 

Henry Fielden. 

Sworn to before me this 8th day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public, Westchester County . 

Hearing adjourned by direction of notary to 1.15 p. m. 

Met pursuant to adjournment at 1.15 p. in. 

W. M. DU BOIS, being duly sworn, deposes and says, as follows: 

Q. State your name, age, and place of residence.—A. William M. du Bois: age, 
38; residence, White Plains, N. Y. 

Q. Mr. du Bois, did you receive an order, signed by the county judge of West¬ 
chester County, dated May 4, 1897, requiring, among others, the town clerk of 
Bedford to open the ballot boxes containing ballots voted in said town at the elec¬ 
tion of November 3, 1896, and requiring said town clerk to submit such ballots 
to the examination of Mr. Fairchild and his authorized counsel or representa¬ 
tive?—A. I did. 

Q. Is the paper I now hand you a duplicate of such order?—A. It appears to be. 

(Paper offered in evidence, marked Contestant's Exhibit A. May 8, 1897. Wm. 
W. Ford, notary public.) 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to exam¬ 
ine the ballots in the town of Bedford?—A. Yes; in writing. 

Q. What did you do in pursuance of that order and that written authority?—A. 
Icalled on the town clerk, Wm. B. Adams, and presented the order and the writ¬ 
ten authority to him, and in his presence and in the presence of Mr. Halstead, the 
said town clerk, Adams opened four ballot boxes containing ballots, pursuant to 
my demand for the ballots voted at the election held on November 3, 1896. 

Q. Did you compute the number of votes received by Wm. L. Ward in the 
Republican column on the straight Republican ballots found in the boxes?—A. I 
did. 

Q,. State the result of your computation and the result of any other computa¬ 
tion you made respecting said ballots.—A. In the box of the First district, as 
handed me by the town clerk, I found 140 straight Republican ballots which 
included Ward's name. The number of split ballots which contained Ward’s 
name in the Republican column was 12. In the Independent column there was 
none. The number of Ward’s votes in the Republican column voted by X in a 
circle at the top of column was 45. In the box of the Second district, as handed 
me by the town clerk, I found 125 straight Republican ballots which included 
Ward's name. The number of split ballots which contained Ward's name in the 
Republican column was 46. In the Independent column there were none. The 
number of Ward’s votes in the Republican column voted by X in the circle at the 
top of the column was 170. In the box of the Third district, as handed me by the 
town clerk, I found 73 straight Republican ballots which included Ward's name. 
The number of split ballots which contained Ward's name in the Republican col¬ 
umn was 9. In the independent column there was none. The number of Ward's 
votes in the Republican column voted by X in the circle at the top of the column 
was 82. In the box of the Fourth district, as handed me by the town clerk, I found 
110 straight Republican ballots which included Ward’s name. The number of 
split ballots which contained Ward’s name in the Republican column was 5. In 
the Independent column there were 2. The number of Ward’s votes in the Repub¬ 
lican column voted by X in the circle at the top of the column was 113. 

Q. Mr. du Bois, did you receive an order signed by the county judge of West¬ 
chester County, dated May 4, 1897, requiring, among others, the town clerk of 
New Castle to open the ballot boxes containing ballots voted in said town at the 
election of November 3,1896, and requiring said town clerk to submit such ballots 
to the examination of Mr. Fairchild and his authorized counsel or representative?— 
A. I did. 


68 


FAIRCHILD VS. WARD. 


Q. Is the paper I now hand you a duplicate of said order? 

(Paper offered in evidence marked Contestant’s Exhibit A, May 8, 1897. Wm. 
W. Ford, notary public.) 

A. It appears to be, except that the paper which I handed to the New Castle town 
clerk ordered him as specified in paper now shown me, whereas the paper now 
shown me does not order the clerk of the town of New Castle to do anything; that 
is to say, the town of North Castle is mentioned twice in the paper now shown me 
and New Castle not at all. and in the paper I handed to said town clerk North Castle 
and New Castle are mentioned once each in the mandatory portion thereof. 

Q. Were you authorized by Mr. Fairchild in pursuance of that order to examine 
the ballots in the town of New Castle?—A. Yes; in writing. 

Q. What did you do in pursuance of that order and that written authority?—A. 
I called on the town clerk, William H. Bisohoff, and presented the order and the 
written authority to him; and in his presence the said town clerk (Bischoff) opened 
th*ee ballot boxes containing ballots, pursuant to my demand for the ballots voted 
at the election held on November 3, 1896. 

Q. Did you compute the number of votes received by William L. Ward in the 
Republican column on straight Republican ballots found in the boxes?—A. I did. 

Q. State the result of your computation, and the result of any other computa¬ 
tion you made respecting said ballots?—A. In the box of the First district, as 
handed me by the town clerk, I found 134 straight Republican ballots which 
included Ward's name. The number of split ballots which contained Ward's 
name in the Republican column was 22. In the Independent column none. The 
number of Ward’s votes in the Republican column, voted by X in a circle at the 
top of column, was 147. In the box of the Second district, as handed me by the 
town clerk. I found 82 straight Republican ballots which included Ward's name. 
The number of split ballots which contained Ward's name in the Republican 
column was 15. In the Independent column there was none. The number of 
Ward’s votes in the Republican column, voted by X in a circle at the top of col¬ 
umn, was 96. In the box of the Third district, as handed me by the town clerk, I 
found 113 straight Republican ballots which included Ward's name. The number 
of split ballots which contained Ward's name in the Republican column was 9. 
In the Independent column there was none. The number of Ward votes in the 
Republican column, voted by X in a circle at the top of column, was 119. In 
the said ballot box of the First district of New Castle I found a ballot of which all 
but two names in the Republican column were separately marked by X opposite 
the name of each candidate, William L. Ward’s name being among those so 
marked. There was no other mark other than above stated on the last-named 
ballot, either in a circle or otherwise. 

W. M. du Bois. 

Sworn to before me this 12tli day of May, 1897. 

[seal.] Wm. W. Ford, 

Notary Public Westchester County. 

G. TRUMAN CAPRON, being duly sworn, deposes and says: 

Q. State your name, age, and place of residence.—A. G. Truman Capron; age, 
38; residence, White Plains, N. Y. 

Q. Mr. Capron, did you receive five orders signed by the county judge of West¬ 
chester County, dated May 4, 1897. requiring among others the town clerks of 
North Castle. Scarsdale, Mamaroneck. Harrison, and White Plains, to open the bal¬ 
lot boxes containing ballots voted in said towns at the election of November 3,1896, 
and requiring said town clerks to submit said ballots to the examination of Mr. 
Fairchild and his authorized counsel or representative?—A. I did. 

Q. Is the paper I now hand you a duplicate of said orders? 

(Paper offered in evidence marked Contestant’s Exhibit A, May 8,1897. Wm. 
W. Ford, notary public.) 

A. It is. 

Q. Were you authorized by Mr. Fairchild, in pursuance of those orders, to ex¬ 
amine the ballots in the towns of North Castle, Scarsdale, Mamaroneck, Harrison, 
and White Plains?—A. I was, in writing. 

Q. What did you do in pursuance of those orders and the written authority?—A. 
On the 6th of May, 1897, I called on Charles McDonald, the town clerk of the town 
of North Castle, and served on him one of said orders directed to him, as well as 
my written authority. Mr. McDonald opened three ballot boxes and submitted 
them for my examination, saying they contained all the ballots voted in the town 
of North Castle on November 3, 1896. 

Q. Did you compute the number of votes received by William L. Ward in the 
Republican column on straight Republican ballots found in the boxes?—A. I did. 


FAIRCHILD VS. WARD. 


63 


Q. State the result of your computation, and the result of any other computation 
j_ou made respecting - said ballots.—A. I found that 1 Mr. Ward received in the First 
district -Jo votes, in the Second district 120 votes, and in the Third district 62 votes, 
all on straight Republican ballot. I found that he received in First district 1 vote 
in Republican column on split ballot by voting X in circle at head of column. In 
Second district 11 votes on split ballots, 10 of which were by X in circle at head 
of column and 1 by X opposite Ward’s name, and in the Third district 1 vote on 
spiit ballot by X in circle at head of column. I found that Ward received no votes 
in the Independent column in the town of North Castle. The number of votes for 
Ward in the First district voted by placing X in circle at top of column was 36, in 
Second district 130, and in Third district 63. There is only 1 vote in this town for 
Mr. W ard on split ballot by X opposite his name in Republican column. 

Q. Wliat further did you do with said orders?—A. On the 7th of May I served 
one of said orders on the town clerk of Scarsdale, Joseph Morrill, directed to him, 
together with my written authority. There is but one election district in this 
town. The clerk opened abox which he stated contained all the ballots voted in 
the town of Scarsdale on November 3, 1896, and submitted them for my examina- 
^ tion. 

Q. Did you compute the number of votes received by William L. Ward, in the 
Republican column on straight Republican ballots found in the box?—A. I did. 

Q. State the result of your computation and the result of any other computation 
you made respecting said ballots.—A. I found that Mr. Ward received, on straight 
Republican ballots, 103 votes. One of these ballots was voted by making X in 
front of the name of each individual candidate in the Republican column and no 
X in circle at head of column. I found that Mr. Ward received 10 votes on split 
ballots. I found that Mr. Ward received no votes in the Independent column. I 
found that of the ballots received by Ward in the Republican column, 102 were 
voted by placing X in circle at head of column. I found that Ward received 1 
vote in the Republican column by placing X opposite his name. 

Q. What further did you do with said orders.—A. On May 7,1897,1 served one 
of said orders on John C. Fairchild, the clerk of the town of Mamaroneck, directed 
to him, together with my written authority. Mr. Fairchild opened a box which 
he said contained all the votes voted in the First district of the town of Mamaro¬ 
neck, at the election of November 3,1896, and submitted them for my examination, 
at the same time stating that the votes of the Second district were in the posses¬ 
sion of the clerk of Westchester County and that he would meet me at White 
Plains on May 8, 1897, at 9 a. m., and procure said ballots and submit them for 
examination. I thereupon examined the ballots of the First district. 

Q. Did you compute the number of votes in this district received by Ward in 
Republican column on straight Republican ballots?—A. I did. 

Q. State the result of your computation and of any other computation you made 
respecting said ballots.—A. I found that Mr. Ward received in First district 130 
votes on straight Republican ballot. I found that Ward received in First district 
8 votes in Republican column on split ballot by voting X in circle at head of col¬ 
umn. I found that Ward received no votes in First district in Independent column. 
I found that of the ballots received by Ward in Republican column in First dis¬ 
trict, 138 were voted by placing X in circle at head of column. I found that Mr. 
Ward received no votes in First district by placing X opposite his name in the 
Republican column. 

Q. Did you examine the ballots of the Second district?—A. I did. The town 
clerk had procured the ballots from the county clerk, and I computed said ballots 
as I had those of the First district, and found that Mr. Ward received in Second 
district, on straight Republican ballots, 223 votes. I found that Ward received in 
Second district 12 votes in Republican column on split ballots—9 by placing the 
X in circle at head of column and 3 by placing X opposite Ward’s name in the 
Republican column. I found that Ward received no votes in Second district in 
Independent column. I found that of the ballots received by Ward in the Repub¬ 
lican column in the Second district, 232 were voted by placing X in circle at head 
of column. I found that Ward received 3 votes in Second district by placing X 
opposite his name in the Republican column. 

Q. What further did you do with said orders?—A. On May 7,1897,1 served one 
of said orders on Frank P. Cox, clerk of the town of Harrison, directed to him, 
together with my written authority. Mr. Cox opened two boxes which he stated 
contained all the ballots voted in the town of Harrison at the election of November 
3, 1896, and submitted them for my examination. 

Q. Did you compute the number of votes received by William L. W"ard in the 
Republican column on straight Republican ballots found in the boxes?—A. I did. 

Q. State the result of your computation and of any other computation you 
made respecting said ballots.—A. I found that Mr. Ward received on straight 


70 


FAIRCHILD VS. WARD. 


Republican ballots in the First district 97 votes, and in the Second district 66 
votes. I found that Mr. Ward received in First district on split ballots 4 votes, 
and in Second district on split ballots 8 votes, all of which were voted by placing’ 
X in circle at head of column. I found that Mr. Ward received 1 vote in the 
Independent column in First district, and no votes in the Independent column in 
the Second district. I found that of the ballots received by Ward in the Repub¬ 
lican column in the First district 101 were voted by X in circle at head of 
column, and in Second district 74 were voted by X in circle at head of column. I 
found that Mr. Ward received no votes in either district by placing X opposite 
his name in thS Republican column. 

Q. What further did you do with said orders?—A. On May 8,1897, I served one 
of said orders on Charles P. Paulding, clerk of the town of White Plains, directed 
to him, together with my written authority, and made a demand for the inspection 
of the ballots. The demand was not acceded to. The town clerk informed me 
that all the ballots voted in the town of White Plains at the election held Novem¬ 
ber 3, 1896, had been destroyed just prior to the town election held on March 30, 
1897. I have been a resident of White Plains for five years, and am a Republican 
in politics. I am acquainted with the sentiments of a large number of Republican 
voters in the town of White Plains, and from my knowledge believe that the 
general sentiment of Republican voters at the election of November 3, 1896, was 
to vote the straight Republican ticket without regard to individual preference, 
and I found the sentiment much stronger at that election than at any” other of 
which I have knowledge. The Republican sentiment in White Plains was in 
favor of Mr. Fairchild for Congress as against Mr. Ward. There was published 
in the county papers just prior to election a letter from Mr. Fairchild urging all 
Republicans to support the straight Republican ticket. This publication was 
made subsequent to the decision of the appelate division affirming the order placing 
Mr. Ward in the Republican column. 

Gf. Truman Capron. 

Sworn to before me this 8th day of May, 1897. 

[seal.] Wm. W. Ford. 

. Notary Public, Westchester Comity. 

Met pursuant to adjournment at county clerks office at 11.30 a. m. 

LEVERETT F. CRUMB, being duly sworn, deposes and says: I have the tally 
sheet of the First district of the town of Bedford, which shows 136 votes received 
by William L. Ward in column 2 and 14 in column 3, making a total of 150. I 
have no means of knowing whether William L. Ward received any votes under 
the Liberty Bell. 

Q. William L. Ward's name appears on the tally sheet in the column of Inde¬ 
pendent nominations, does it not?—A. It does; but whether, in making up a 
tally sheet, the inspectors credit him with any votes under the bell in the Inde¬ 
pendent column, I do not know, or whether they credit him under column 3. 

Q. The tally sheet for the Second Bedford district, how many votes appear for 
William L. Ward in column 2?—A. One hundred and twenty-nine. 

Q. How many in column 3 for Ward? 1 —A. Forty-one. 

Q. In the Independent column for Ward?— V. There appear to be none credited. 

Q. In the Third Bedford district, how many in column 2 for Ward?—A. Seventy- 
five. 

Q. In column 3 for Ward?—A. Nine. 

b>. In Independent column for Ward?—A. None are credited. 

Q. In the Fourth Redford district, column 2, how many for Ward?—A. One 
hundred and ten. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. One. 

0* Have you produced all the papers called for in the subpoena?—A. All in the 
town of Redford. 

Q. Column 2 on the tally sheets represents the straight Republican vote; col¬ 
umn 3 the Republican vote on split ballots, do they not?—A. That is the inten¬ 
tion of the statute, as I understand it. 

Q. Do you produce the tally sheet for the town of Cortland, First district?—A. 
No tally sheet for that district was filed in this office by the inspectors. 

Q. Cortland, Second district, how many for William L. Ward in column 2?— 
A. Two hundred and twenty-nine. 

Q. In column 3 for Ward?—A. Sixteen. 

Q. In Independent column for Ward?—A. None recorded. 

Q. Cortland, Third district, how many votes for Ward?—A. One hundred and 
forty. 


FAIRCHILD VS. WARD. 


71 


Q. In column 3 for Ward?—A. Ten. 

Q. In Independent column for Ward?—A. Two. 

(^. Cortland, Fourth district, in column 2 for Ward?—A. Two hundred and 
nine. 

Q. In column 3 for Ward?—A. Fifteen. 

9 . In Independent column for Ward?—A. None recorded. 

Q. Cortland, Fifth district, column 2 for Ward?—A. One hundred and forty-two. 

0- In column 3 for Ward?—A. Eight. 

Q. In Independent column for Ward?—A. One. 

Q. Cortland, Sixth district, for Ward in column 2?—A. One hundred and thirty- 
two. 

Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. None credited. 

Q. Cortland, Seventh district, for Ward in column 2?—A. One hundred and 
thirty-five. 

Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. One. 

Q. In Cortland, Eighth district, column 2 for Ward?—A. Seventy-nine. 

Q. In column 3 for Ward?—A. Fifteen. 

Q. In Independent column for Ward?—A. None recorded. 

Q. In Cortland, Ninth district, column 2 for William L. Ward?—A. One hun¬ 
dred and twenty-two. 

Q. In column 3 for Ward?—A. Eleven. 

Q. In Independent column for Ward?—A. One. 

Q. In Cortland, Tenth district, column 2 for William L. Ward?—A. One hun¬ 
dred and sixty-eight. 

Q. In column 3 for Ward?—A. Thirty-three. 

Q. In Independent column for Ward?—A. None recorded. 

C*>. In Cortland, Eleventh district, column 2 for William L. Ward?—A. Fifty- 
three. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. None recorded. 

Q. Have you produced all the tally sheets called for?—A. I have them here in 
my safe in the office, and this office closes at 12 m. on Saturdays. 

Mr. Fairchild wants on the record that the witness produced the tally sheets 
about which he has testified, and has failed to produce the tally sheets from the 
other towns of Westchester County called for by the subpoena served on him this 
day. 

The witness states that he is ready and willing to produce all the records called 
for by such subpoena on file in his office and in his custody during the proper 
business hours of the said office, but the time has now arrived when said office is 
closed by statute, and the examination of all public papers must cease. The said 
subpoena calling for said papers to be produced in the said county clerk’s office. 

Counsel for Mr. Fairchild calls the attention of the witness to the fact that the 
hour for closing his office does not limit this proceeding as to time before the 
notary public, and that unless he immediately produces the remainder of the docu¬ 
ments called for by the subpoena duces tecum, he will be obliged to avail himself 
of such remedies as the statutes of the United States accord to the party taking 
the testimony. 

The witness answers that this proceeding being in the county clerk’s office, and 
that it closes at 12 m., and that the papers will be produced at any time in busi¬ 
ness hours. 

This hearing is adjourned to Monday, May 10, 1897, at 9 a. m. 

Wm. W. Ford, Notary Public . 

Reconvened Monday, May 10, 1897, at 9 a. m., in county clerk s office. 

Testimony of LEVERETT F. CRCJMB, continued: 

Q. Do you produce the tally sheet for the town of East Chester, in the First 
district, and how many for William L. Ward in column 2?—A. Seventy-six. 

Q. In column 3 for Ward?—A. Four. 

Q. In Independent column for Ward?—A. None recorded. 

Q. In East Chester, in the Second district, in column 2 in Ward?—A. One hun¬ 
dred and seventy-nine. 

Q. In column 3 for Ward?—A. Sixteen. 

Q. In Independent column for Ward?—A. None. 

Q. Tally sheet for town of G-reenburg, in district No. 1 , column 2 , how many 
votes for William L. Ward?—A. Two hundred and eight. 


72 


FAIRCHILD VS. WARD. 


Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Greenburg, for Ward?—A. Two hun¬ 
dred and nineteen. 

Q. In column 3 for Ward?—A. Twenty-four. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of Geenburg, for Ward?—A. Ninety. 

Q. In column 3 for Ward?—A. One. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of Greenburg, for Ward?—A. Two hun- 
drad and four. 

Q. In column 3 for Ward?—A. Nine. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 5, column 2, town of Greenburg, for Ward?—A. Thirty-seven. 
Q. In column 3 for Ward?—A. Three. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 6, column 2 for Ward in town of Greenburg?—A. Two hun¬ 
dred and eight. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 7, column 2, town of Greenburg, for Ward?—A. One hundred 
and eightj^-eight. 

Q. In column 3 for Ward?—A. Eight. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 8, column 2, town of Greenburg, for Ward?—A. One hundred 
and eighty-eight. 

Q. In column 3 for Ward?—A. Twenty. 

Q. In Independent column for Ward?—A. One. 

Q. In district No. 9, column 2, town of Greenburg, for Ward?—A. One hundred 
and sixty-seven. 

Q. In column 3 for Ward?—A. Seven. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 10, column 2, town of Greenburg, for Ward?—A. Eighty. 

Q. In column 3 for Ward?—A. Seven. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Harrison tally sheet, district No. 1, column 2 for Ward?— 
A. Ninety-nine. 

Q. In column 3 for Ward?—A. Four. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Harrison, for Ward?—A. Sixty-eight. 

Q. In column 3 for Ward?—A. Four. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Lewisboro, district No. 1, column 2, for Ward?—A. Forty- 
three. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2. column 2, town of Lewisboro, for Ward?—A. Sixty-two. 

Q. In column 3 for Ward?—A. Three. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3. column 2, town of Lewisboro, forWard?—A. Thirty-four. 
Q. In column 3 for Ward?—A. One. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of Lewisboro, for Ward?—A. Fifty-three. 
Q. In column 3 for Ward?—A. Six. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Mamaroneck, district No. 1. column 2, for Ward?—A. One 
hundred and thirty. 

Q. In column 3 for Ward?—A. Seven. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Mamaroneck, for Ward?—A. Two hun¬ 
dred and twenty-two. 

Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. None. 

Q. In town of Mount Pleasant, district No. 1, column 2, for Ward?—A. One 
hundred and twenty-seven. 

Q. In column 3 for Ward?—A. Twelve. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2. column 2, town of Mount Pleasant, for Ward?—A. One 
hundred and seventy-two. 


FAIRCHILD YS. WARD. 


73 




Q. In column 3 for Ward?—A. Eighteen. 

Q. In Independent column for Ward?—A. None. 

0- In district No. 3, column 2, town of Mount Pleasant, for Ward?—A. One 
hundred and twenty-eight. 

Q. In column 3 for Ward?—A. Twelve. 

0- In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of Mount Pleasant, for Ward?—A. One 
hundred and four. 

Q. In column 3 for Ward?—A. Six. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 5, column 2, town of Mount Pleasant, for Ward?—A. Eighty- 
four. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 6, column 2, town of Mount Pleasant, for Ward?—A. One 
hundred and six. 

Q. In column 3 for Ward?—A. Eight. 

Q. In Independent column for Ward?—A. None. 

Q. In the city of Mount Vernon, district No. 1, First Ward, column 2, how 
many votes for William L. Ward?—A. One hundred and ninety. 

Q. In column 3 for Ward?—A. Six. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, First Ward, city of Mount Vernon, for Ward?— 
A. One hundred and eightv-four. 

Q. In column 3 for Ward?—A. Thirteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 1. Ward 2, column 2, city of Mount Vernon, for Ward?— 
A. Two hundred and forty-one. 

Q. In column 3 for Ward?—A. Thirty. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2. Ward No. 2, column 2, city of Mount Vernon, for Ward?— 
A. One hundred and eighty-six. 

Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 1, Ward No. 3, the tally sheet is missing, is it not?—A. Yes. 
Q. In district No. 2. Ward No. 3, column 2, city of Mount Vernon, for Ward?— 
A. One hundred and eighty-six. 

Q. In column 3 for Ward?—A. Twenty-two. 

Q. In Independent column for Ward?—A. One. 

Q. In district No. 1, Ward No. 4, column 2, city of Mount Vernon, for Ward?— 
A. One hundred and seventy-nine. 

Q. In column 3 for Ward?—A. Eighteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, Ward No. 4, column 2, city of Mount Vernon, for Ward?— 
A. One hundred and sixty-eiglit. 

Q. In column 3 for Ward?—A. Thirty-one. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, Ward No. 4, column 2, city of Mount Vernon, for Ward?— 
A. Two hundred and one. 

Q. In column 3 for Ward?—A. Eleven. 

Q. In Independent column for Ward?—A. None. 

0. In district No. 1, Ward No. 5, column 2, city of Mount Vernon, forWard?— 
A. Three hundred. 

Q. In column 3 for Ward?—A. Twenty-seven. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of New Castle, district No. 1, column 2, for Ward?—A. One 
hundred and thirty-eight. 

Q. In column 3 for Ward?—A. None. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Newcastle, for Ward?—A. Eiglity-two. 
Q. In column 3 for Ward?—A. Fifteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of New Castle, for Ward?—A. One hun¬ 
dred and thirteen. 

Q. In column 3 for Ward?—A. Nine. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of New Rochelle, district No. 1, column 2, for Ward?—A. One 
hundred and seventy-five. 

Q. In column 3 for Ward?—A. Four. 



74 


FAIRCHILD VS. WARD. 




Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of New Rochelle, for Ward?—A. Two hun¬ 
dred and seventy-two. 

Q. In column 3 for Ward?—A. Twenty-seven. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of New Rochelle, for Ward?—A. One hun¬ 
dred and eighty. 

Q. In column 3 for Ward?—A. Nineteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of New Rochelle, for Ward?—A. One hun- 
red and eighty-four, 

Q. In column 3 for Ward?—A. Fifteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 5, column 2, town of New Rochelle, forWard?—A. Two hun¬ 
dred and forty-four. 

Q. In column 3 for Ward?—A. Eight. 

Q. In Independent column for Ward?—A. One. 

Q. In district No. 6, column 2, town of New Rochelle, for Ward?—A. Two hun¬ 
dred and twenty-five. 

Q. In column 3 for Ward?—A. Seven. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of North Castle, district No. 1, the tally sheet is missing, is it 
not?—A. Yes. 

Q. In district No. 2, column 2, town of North Castle, for Ward?—A. One hun¬ 
dred and seventeen. 

Q. In column 3 for Ward?—A. Ten. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of North Castle, for Ward?—A. Sixty-two. 
(^. In column 3 for Ward?—A. Two. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of North Salem, district No. 1, column 2, for Ward?—A. Eighty- 

Q. In column 3 for Ward?—A. Three. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of North Salem, for Ward?—A. One hun¬ 
dred and twenty-seven. 

Q. In column 3 for Ward?—A. Five. 

C*>. In Independent column for Ward?—A. None. 

Q. In the town of Ossining, district No. 1, column 2, for Ward?—A. Two hun¬ 
dred and sixteen. 

Q. In column 3 for Ward?—A. One hundred and thirty-three. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2. town of Ossining, for Ward?—A. One hundred 
and sixty-three. 

Q. In column 3 for Ward?—A. Ninety-nine. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3. column 2, town of Ossining, for Ward?—A. One hundred 
and thirty-one. 

Q. In column 3 for Ward?—A. Eighty-four. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of Ossining, for Ward?—A. One hundred 
and twelve. 

Q. In column 3 for W~ard?—A. Forty-three. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 5, column 2, town of Ossining, for Ward?—A. One hundred 
and twenty. 

Q. In column 3 for Ward?—A. Eighty-six, 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Pelham, district No. 1, column 2, for Ward?—A. One hun¬ 
dred and nineteen. 

Q. In column 3 for Ward?—A. Ten. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Poundridge, district No. 1, column 2, for Ward?—A. One 
hundred and twenty-two. 

Q. In column 3 for Ward?—A. Five. 

Q. In Independent column for Ward?—A. None. 

0- In the town of Rye, district No. 1, column 2, for Ward?—A. One hundred 
and eighty-three. 

Q. In column 3 for Ward?—A. None. 


FAIRCHILD VS. WARD. 


75 


Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Rye, for Ward?—A. One hundred and 
thirty. 

Q. In column 3 for Ward?—A. None. 

0- Iii Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of Rye, for Ward?—A. One hundred and 
twelve. 

Q. In column 3 for Ward?—A. None. 

Q. In Independent column for Ward?—A. None. 

Q. Is tally sheet for district No. 4, Rye, missing?—A. Yes. 

Q. In district No. 5. column 2, town of Rye, for Ward?—A. Two hundred and 
fifty. 

Q. In column 3 for Ward?—A. None. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 6, column 2, town of Rye, for Ward?—A. One hundred and 
eighty-three. 

Q. In column 3 for Ward?—A. None. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 7, column 2, town of Rye, for Ward?—A. Two hundred and 
seventy-six. 

Q. In column 3 for Ward?—A. None. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Scarsdale, district No. 1, column 2, for Ward?—A. One hun¬ 
dred and three. 

Q. In column 3 for Ward?—A. Ten. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Somers, district No. 1, column 2, for Ward?—A. One hundred 
and thirty-nine. 

Q. In column 3 for Ward?—A. Eleven. 

Q. In Independent column for Ward?—A. One. 

Q. In district No. 2, column 2, town of Somers, for Ward?—A. Forty-four. 

0- In column 3 for Ward?—A. Ten. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Whiteplains, district No. 1, column 2, for Ward?—A. One 
hundred and thirty-seven. 

Q. In column 3 for Ward?—A. Eighteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Whiteplains, for Ward?—A. One hun¬ 
dred and fifty. 

Q. In column 3 for Ward?—A. Forty-two. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 3, column 2, town of Whiteplains, for Ward?—A. One hun¬ 
dred and ninety-five. 

Q. In column 3 for Ward?—A. Twenty-nine. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 4, column 2, town of Whiteplains, for Ward?—A. One hun¬ 
dred and ninety-seven. 

Q. In column 3 for Ward?—A. Eleven. 

0- In Independent column for Ward?—A. None. 

Q. In the city of Yonkers, Ward No. 1. district No. 1, column 2, for Ward?—A. 
Two hundred and fifty-seven. 

Q. In column 3 for Ward?—A. Eleven. 

0. In Independent column for Ward?—A. None. 

Q. In Ward No. 1, district No. 2, column 2, city of Yonkers, for Ward?—A. Two 
hundred and thirteen. 

Q. In column 3 for Ward?—A. Fifteen. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 2, district No. 1, column 2, city of Yonkers, for Ward?—A. Two 
hundred and ninety. 

Q. In column 3 for Ward?—A. Thirty-one. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 2, district No. 2, column 2. city of Yonkers, for Ward?—A. Three 
hundred and two. 

Q. In column 3 for Ward?—A. Forty-five. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 3, district No. 1, column 2. city of Yonkers, for Ward?—A. Three 
hundred and twenty-three. 

Q. In column 3 for Ward?—A. Twenty-four. 

Q. In Independent column for Ward?—A. One. 


76 


FAIRCHILD VS. WARD. 


Q. In Ward No. 3, district No. 2, column 2, city of Yonkers, for Ward?—A. One 
hundred and fifty-eight. 

Q. In column 3 for Ward?—A. Seven. 

Q. In Independent column for Ward?—A. One. 

Q. In Ward No. 4, district No. 1, column 2, city of Yonkers, for Ward?—A. One 
hundred and fifty. 

Q. In column 3 for Ward?—A. Thirty-two. 

Q. In Independent column for Ward?—A. One. , 

Q. In Ward No. 4, district No. 2, column 2, city of Yonkers, for Ward?—A. 
One hundred and forty-three. 

Q. In column 3 for Ward?—A. Eighteen. 

Q. In Independent column for Ward?—A. One. 

0- In Ward No. 4, district No. 3, column 2, city of Yonkers, for Ward?—A. 
One hundred and twenty-nine. 

Q. In column 3 for Ward?—A. Twelve. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 5, district No. 1, column 2, city of Yonkers, for Ward?—A. 
Three hundred and twenty. 

Q. In column 3 for Ward?—A. Twenty-eight. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 5, district No. 2, column 2, city of Yonkers, for Ward?—A. 
Three hundred and forty-four. 

Q. In column 3 for Ward?—A. Thirty-one. 

Q. In Independent column for Ward?—A. None. 

Q. InWard No. 5, district No. 3, column 2, city of Yonkers, for Ward?—A. 
Three hundred and eleven. 

Q. In column 3 for Ward?—A. Thirty-nine. 

Q. In Independent column for Ward?—A. None. 

Q. InWard No. 6, district No. 1, column 2. city of Yonkers, for Ward?—A. 
Eighty-seven. 

Q. in column 3 for Ward?—A. Twenty-eight. 

Q. In Independent column for Ward?—A. Eight. 

Q. In Ward No. 6, district No. 2. column 2, city of Yonkers, for Ward?—A. 
Sixty-two. 

Q. In column 3 for Ward?—A. Sixty-eight. 

Q. In Independent column for Ward?—A. Two. 

Q. In Ward No. 7, district No. 1, column 2, city of Yonkers, for Ward?—A. 
One hundred and twelve. 

Q. In column 3 for Ward?—A. Nineteen. 

Q. In Independent column for Ward?—A. None. 

Q. In Ward No. 7, district No. 2, column 2, city of Yonkers, for Ward?—A. 
One hundred and thirty-three. 

Q. In column 3 for Ward?—A. Thirty-one. 

Q. In Independent column for Ward?—A. None. 

Q. In the town of Yorktown, district No. 1, column 2 for Ward?—A. One hun¬ 
dred and sixty-three. 

Q. In column 3 for Ward?—A. Fourteen. 

Q. In Independent column for Ward?—A. None. 

Q. In district No. 2, column 2, town of Yorktown, for Ward?—A. One hundred 
and seventy. 

Q. In column 3 for Ward?—A. Four. 

Q. In Independent column for Ward?—A. None. I would state that Mr. Ward’s 
name appears to he printed in both the Republican column and the Independent 
column on these sheets, and Mr. Fairchild's name does not appear at all except 
where written in by the inspectors. 

Q. Mr. Crumb, will you produce a duplicate original of the tally-sheet blank 
upon which the returns were all made testified to by you?—A. I now produce one 
of the blank tally sheets prepared for use at the election of November 3, 1896, the 
same as used for the returns testified to by me in this examination. 

(Tally sheet offered in evidence and marked Contestant's Exhibit B, May 10, 
1897.) 

I would say that this sheet is perfect, except that the name of Ben L. Fairchild 
does not there appear as the candidate of the “National Republican party.” The 
reason of this is that the final order in the matter was made too late for me to 
correct this sheet, and it could easily be supplied by the inspectors. 

Lewis F. Crumb. 

Sworn to before me this 10th day of May, 1897. 

[seal.] Wm. W. Ford, Notary Public. 


FAIRCHILD VS. WARD. 


77 


Deposition of JOHN F. JENKINS, a witness on behalf of the contestant herein, 

taken pursuant to notice on the 10th day of May, 1897, at the office of George T. 

Capron, in the village of White Plains, before William W. Ford, a notary public 

in and for the county of Westchester, 

JOHN F. JENKINS, being duly sworn, deposes and says as follows: 

Q. State yonr name, age, and place of residence.—A. John F. Jenkins; age, 31; 
residence, Sing Sing, N. Y. 

Q. Mr. Jenkins, did you receive an order signed by the county judge of Westches¬ 
ter County, dated May 4,1897, requiring, among others, the town clerk of Ossining 
to open the ballot boxes containing the ballots voted in said town at the election of 
November 3, 1896, and requiring said town clerk to submit such ballots to the 
examination of Mr. Fairchild and his authorized counsel or representative?—A. I 
did. 

Q. Is the paper I now hand you a duplicate of such order? 

(Paper marked Contestant’s Exhibit A, May 8, 1897, Wm. W. Ford, notary 
public, offered in evidence.) 

A. Yes. 

Q. Were you authorized by Mr. Fairchild, in pursuance of that order, to exam¬ 
ine the ballots in the town of Ossining?—A. Yes; I had written authority. 

Q. What did you do in pursuance of that order and written authority?—A. I 
called on the town clerk, Robert T. Dennis, and presented the order and authority, 
and he produced the original ballot boxes and keys, and I opened the boxes and 
examined the ballots. He produced all the boxes except one of the two boxes used 
in the Second election district. With the exception of that missing box, he pro¬ 
duced all the boxes containing ballots voted at the election of November 3, 1896, 
and it is those boxes and ballots referred to in my answer. 

Q. Did you make a careful examination of all the ballots?—A. Yes. 

Q. Did you compute the number of votes received by William L. Ward. And if 
so, state the result of your computation.—A. I did, and the result of my compu¬ 
tation is as follows: William L. Ward received in the First election district of the 
town of Ossining 321 votes in the Republican column; 310 of the votes received 
by Mr. Ward in the Republican column were voted by X in the circle at top of 
column, and 11 votes were received by marking N opposite Ward’s name in the 
Republican column. Mr. Ward received 2 votes in the Independent column. In 
the Second district there were 188 ballots missing of a total of 485 votes that were 
returned as voted. Of the 297 ballots not missing, and which I examined, there 
was 106 votes for Mr. Ward in the Republican column, 99 of which votes were 
voted by X in the circle at top of column and 7 of which votes by X opposite 
Ward’s name. He received in this district 2 votes in the Independent column. In 
the Third district Mr. Ward received 207 votes in the Republican column, of which 
199 votes were voted by X in the circle at top of column and 8 votes were voted 
by X opposite Ward's name. He received 1 vote in the Independent column in 
this district. In the Fourth election district Mr. Ward received 168 votes in the 
Republican column, of which 165 were voted by X in circle at top of column and 
3 were voted by X opposite Ward’s name. In this district he received no votes in 
the Independent column. In the Fifth election district Mr. Ward received 201 
votes in the Republican column, of which 191 votes were voted by X in circle at 
top of column and 10 were voted by X opposite Ward's name. In this district 
he received 2 votes in the Independent column, with the exception of the votes Mr. 
Ward may have received on the missing ballots contained in the missing box in 
the Second district. Mr. Ward received no votes for Congress in the town of Ossin¬ 
ing other than those I have here testified to. I desire to make the further state¬ 
ment that on examining the ballots I discovered in each district a discrepancy 
between the votes returned for Mr. Ward and the vote received by Mr. Ward as 
ascertained on the examination of the ballots—the discrepancy of from 8 to 10 
votes or more in each district. Of course, I except in this statement the Second 
district, where the missing ballots prevented any comparison. In the last election 
district examined by me there was a much larger discrepancy between the actual 
vote received by Ward and the return as shown by the election officers. I there¬ 
fore made a further investigation of that district, and discovered there were 25 
more votes for Mr. Fairchild than appeared by the returns of the election officers, 
which discrepancy corresponded with the discrepancy received by Ward and 
the votes returned for him. These ballots had been marked by X in circle at top 
of Republican column and by X opposite Mr. Fairchild’s name in the Independ¬ 
ent column. Mr. Fairchild’s name appeared in the next to the last column on the 
ballot, and near the bottom of the ballot, which could easily account for the 
inspectors overlooking the vote for Mr. Fairchild and counting it as a straight 
Republican ballot. 


78 


FAIRCHILD VS. WARD. 


Q. Did the town clerk make any statement about the missing ballots?—A. Yes; 
he stated that in the Second district they were provided with a smaller box to 
receive the voted ballots than were used in the other districts, and it became 
necessary before closing the polls to deliver to the inspectors of that district for 
their use a second box in which to deposit the voted ballots. One of those two 
boxes he found was missing on my making the demand for it, and he was not 
aware of the fact before that time. He then made a search for it, but could not 
find it. 

John F. Jenkins. 


Sworn to before me this 10th day of May, 1897. 

[seal.] Notary Public , 


Wm. W. Ford, 
Westchester County. 


Adjourned until 10 o’clock. 


New York, May 11, 1S97—9 o'clock a. m. 
Notary so directs. 


10 o’clock A. M. 


Testimony taken by the notary public, Victor Aschoff, esq. 
Hon. Milton I. Southard, for Mr. Fairchild. 


FRANK M. LYON, being duly sworn, testifies as follows: 

Q. Mr. Lyon, will you state your name and place of residence?—A. Frank M. 
Lyon, Pelham. 

Q. Where did you reside during October, 1893?—A. Seventh avenue between 
Fourth and Fifth streets, North Pelham. 

Q. What is North Pelham, a village?—Yes; in the town of Pelham. 

Q. What office, if any, did you then hold in the town of Pelham?—A. Justice 
of the peace. 

Q. Are you acquainted with William H. Sparks?—A. Yes, sir. 

Q. Are you acquainted with Ben L. Fairchild?—A. I am; yes, sir. 

Q. Did you know last fall that there was a controversy respecting the nomina¬ 
tion of Ben L. Fairchild for Congress?—A. Yes, sir; I understood so. 

Q. Do you recall whether Mr. Sparks, during the month of October, called upon 
you for the purpose of verifying an affidavit in that Congressional contest that 
had been executed by him?—A. Yes, sir. 

Q. Do you recall the day of the week?—A. I think it was on Monday. 

Q. Do you know what hour of the day?—A. Between half past 7 and 9 o'clock. 

Q. In the morning or evening?—A. In the morning. 

Q. Are you sure of your recollection that it was in the morning and not in the 
evening?—A. Yes, sir. 

Q. At what place in North Pelham did this occur?—A. On Third avenue, between 
Second and Third streets; at my market. 

Q. What kind of a market?—A. Butcher market. 

Q. Was it inside or outside of the market that you swore Mr. Sparks to the 
affidavit?—A. It was inside the market. When he came he called me outside and 
told me what he had, and I went inside to my desk, which stood near the door, 
and took the affidavit. 

Q. Was there any conveyance anywheres near your entrance in which Mr. 
Sparks came?—A. No; I don’t think so. 

Q. On what day in October was this affidavit executed by Mr. Sparks?—A. On 
the day named in the affidavit. 

Q. Did Mr. Sparks swear to more than one affidavit in the Congressional contest 
before you?—A. No, sir. 

Q. Now, Mr. Lyon, in this case Mr. Sparks has testified that he called upon you 
on a Sunday evening, late in the evening; that he knocked for some time before 
attracting your attention, and that you then came downstairs, and he swore to the 
affidavit before you that night. Do you recall whether or not such a thing 
occurred?—A. No, sir; no such thing occurred, and I am positive that the affidavit 
was not executed by me at night at all. It certainly was in the morning. 

Q. You are positive, are you, that the affidavit was executed in your market?— 
A. Yes, sir. 

Q. Is your market and your residence in the same building?—A. It is now, but 
was not at that time. I have moved since then; I moved the 1st of December. 

Q. Then, during the month of last October, your home was located where?—A. 
On Seventh avenue, between Fourth and Fiftn streets. 

C*>. And your market?—A. On Third avenue, between Second and Third streets. 


FAIRCHILD VS. WARD. 79 

Q. And it was at the meat market, during business hours, when this affidavit 
was executed?—A. Yes, sir. 

Frank M. Lyon. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public, Kinqs County. 

(Certificate filed in New York County.) 

SAMUEL T. HORTON, being duly sworn, testifies as follows: 

By Mr. Fairchild: 

Q. Mr. Horton, will you state your name, age, and place of residence?—A. My 
name is Samuel T. Horton. I live in the town of Mount Pleasant, Westchester 
County, and am 40 years of age. 

Q. How long have you resided in the town of Mount Pleasant?—A. About 
thirty*eight years. 

Q. Have you taken any active interest in politics in your town?—A. I have. 

Q. And in Westchester County?—A. Yes, sir. 

Q. What is your politics?—A. Republican. 

Q. What ticket did you vote at the general election of November 3, 1896?—A 
straight Republican ticket. 

Q. Did you have any preference regarding Congressional candidates at that 
election?—A. 1 did. 

Q. For whom?—A. For Mr. Ben L. Fairchild. 

Q, Are you largely acquainted with the Republicans in your town?—A. I am. 

Q. Do you know the prevailing sentiment among Republicans in the town of 
Mount Pleasant regarding Congressional candidates last fall?—A. 1 do. 

Q. What was that sentiment?—A. The sentiment was for Ben L. Fairchild. 

Q. In Westchester County have you attended the different conventions of the 
Republican party for a number of years past?—A. Yes, sir. 

Q. And are you acquainted to any extent among the Republicans of the county?— 
A. I am. 

Q. Did you know the general sentiment in Westchester County respecting Con¬ 
gressional candidates last fall?—A. I think I did. 

Q. And what was the individual preference of the Republican voters, if any?— 
A. It was in favor of Mr. Ben L. Fairchild. 

Q. Mr. Horton, there has been offered in evidence in this case by the contestee 
a duplicate of the ballots voted in Westchester County at the election of Novem¬ 
ber 3, 1896, showing Mr. Fairchild's name printed on that ballot in the Independ¬ 
ent column as a candidate for Congress and Mr. William L. Ward’s name printed 
in the Republican column as a candidate for Congress. Will you state in your 
answer why you voted the straight Republican ticket, notwithstanding individual 
preference for Mr. Fairchild and the prevailing sentiment in your town and county, 
so far as individual preference was concerned, for Mr. Fairchild—how it occurred 
that the straight Republican ticket received so large a vote and Mr. Fairchild re¬ 
ceived so 3 mail a vote at that election?—A. Under our new ballot law it is impos¬ 
sible to elect a candidate in the Independent column without the candidate's name 
appearing in a column of one of the leading parties. Party regularity would 
make it impossible to get votes from a large number of voters, who stand by the 
straight ticket notwithstanding any individual preference for candidate, and the 
great body of the voters would find it impossible to split the ticket without making 
an error and having their ballots thrown out. This difficulty deters a great many 
from attempting to vote a split ticket. In fact, a large number of voters would 
be unable to vote otherwise than the straight ticket, guided by the emblem of the 
party at the top of the column. 

Samuel T. Horton. 

Subscribed and sworn to before me this 11th day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public , Kings Comity. 

(Certificate filed in New York County.) 


HOMER E. ELDERKIN, being duly sworn, testifies as follows: 

Q. Where do you reside, Mr. Elderkin?—A. New Rochelle. 

Q. Westchester County?—A. Westchester County. 

Q. In the town of New Rochelle?—A. Yes, sir. 


80 


FAIRCHILD VS. WARD. 


Q. What office do you hold in the town?—A, Town clerk. 

Q. Are the original ballots that were voted at the general election November 3, 
1896, in your possession?—A. They are. I have five districts. There are six 
districts. I have five in my possession, and the ballots for the other district were 
destroyed. 

Q. Destroyed in the election district?—A. Yes, sir. 

Q. And were never deposited with you?—A. No, sir. 

Q. The ballot boxes containing the ballots in the five districts were deposited 
with you, in accordance with the election law?—A. Yes, sir. 

Q. Have you made an examination of those ballots?—A. I have. 

Q. Was that subsequent to the service upon you of an order by Judge Lent 
permitting the examination of the ballots by Mr. Fairchild?—A. Yes, sir. 

Q. Did you make a computation of the votes received by William L. Ward for 
Congress on all of those ballots?—A. 1 did. 

Q. Will you state the result of that computation?—A. The First election district 
of the town was the district where they destroyed the ballots and didn't turn them 
in to the town clerk. In the Second election district Mr. Ward received 271 votes 
in the Republican column upon the straight tickets and 26 votes in the Republican 
column on split tickets, making a total of 297 votes received by Mr. Ward in the 
Republican column. Of these 297 votes he received 287 by a cross being marked 
in the circle at the top of the column and he received 10 votes by a cross opposite 
his name in the Republican column. In this district he received 2 votes in the 
Independent column. In the Third election district he received 183 votes in the 
Republican column on straight tickets and 14 votes in the Republican column on 
split tickets, making a total of 197 votes received by Mr. Ward in the Republican 
column in that election district. Of these 197 votes 192 were voted by placing a 
cross in the circle at the top, and 5 were voted by placing a cross opposite Mr. 
Ward’s name in the Republican column. He received no votes in the Independent 
column in the Third election district. In the Fourth election district Mr. Ward 
received 184 votes in the Republican column on straight tickets and 14 votes in the 
Republican column on split tickets, making a total of 198 votes received by Mr. 
Ward in the Republican column. Of these 198 votes 194 were voted by placing a 
cross in the circle at the top of the Republican column and 4 were voted by a cross 
opposite Mr. Ward’s name in the Republican column. In the Fourth election dis¬ 
trict Mr. Ward received no votes in the Independent column. In the Fifth elec¬ 
tion district Mr. Ward received 244 votes in the Republican column on straight 
tickets and 9 votes in the Republican column on split tickets, making a total of 
253 votes received by Mr. Ward in the Republican column in the Fifth election 
district. Of these 253 votes he received 250 by a cross marked in the circle at the 
top of the Republican column and 3 votes by a cross marked under his name in 
the Republican column. He received 2 votes in the Independent column in the 
Fifth election district. In the Sixth election district Mr. Ward received 225 votes 
in the Republican column on straight tickets and 8 votes in the Republican column 
on split tickets, making a total of 233 votes received by him in the Republican 
column in the Sixth election district. Of these 233 votes Mr. Ward received 230 
by a cross marked in the circle at the top of the Republican column and 3 votes by 
a cross marked opposite his name in the Republican column. He received no 
votes in the Independent column in the Sixth election district. 

Q. Did Mr. Ward receive any votes for Congress in the five districts of the town 
of New Rochelle other than what you have testified to in your last answer?—A. 
No, sir. 

Homer E. Ederkin. 

Subscribed and sworn to before me this lltli of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public , Kings County. 

(Certificate filed in New York County.) 

Adjourned until 3.30 p. m., and the notary so directs. 

3.30 p. M 

Met pursuant to adjournment. 

Appearances: Hon. M. I. Southard for Mr. Fairchild. 

BENJAMIN BASSETT, being duly sworn, testifies as follows: 

C>. Where do you reside, Mr. Bassett?—A. Peekskill, Westchester County, N. Y. 

Q. In what town?—A. Cortlandt. 

Q. Did you receive a copy of the order granted by Judge Smith Lent, in evi¬ 
dence in this case, requiring the town clerk of Cortlandt to exhibit to Mr. Fair- 
child or his authorized counsel or representative the ballots voted in your town at 
the election of November 3, 1896?—A. I did. 


FAIRCHILD VS. WARD. 


81 


Q. What did you do with that order?—A. I served the order on the town clerk 
of Cortiandt, together with written authority, as Mr. Fairchild’s representative. 

Q. Did the town clerk submit for your inspection the ballots voted at said elec¬ 
tion, in accordance with the requirements of said order?—A. He did. 

bh Did you make a careful examination of all the ballots voted at said election 
in the town of Cortiandt?—A. I did. 

Q. Did you compute the number of votes received by William L. Ward for Con¬ 
gress upon all of those ballots?—A. I did. 

Q. Will you state the result of that computation?—A. In the First election dis¬ 
trict Mr. Ward received 142 votes in the Republican column upon the straight 
ticket and 3 votes in the Republican column on split tickets, a total of 145 votes 
in the Republican column. Of these 145 votes he received 144 votes by a cross 
marked in the circle at the top of the column, and 1 vote by a cross opposite his 
name. He received no votes in the Independent column in this district. In the 
Second election district he received 227 votes in Republican column on straight 
ticket, and 14 votes in Republican column on split tickets, making a total of 241 
votes received by Ward in Republican column, of which 241 votes 237 were received 
by a cross marked in circle at top of column, and 4 votes received by cross oppo¬ 
site his name in Republican column. He received no votes in Independent column 
in the Second district. 

In the Third election district Ward received 140 votes in Republican column on 
straight tickets and 10 votes in Republican column on split tickets, making total 
of 150 votes received by him in Republican column, of which 147 were voted by 
cross in circle at top of Republican column and 3 by cross opposite Ward's name 
in Republican column. In this district Ward received 2 votes in Independent 
column. In Fourth district Ward received 206 votes on straight Republican ticket 
and 13 votes in Republican column on split tickets, making total of 219 votes 
Ward received in Republican column in Fourth district, of which 212 were voted 
by cross in circle at top of column and 7 votes by cross opposite Ward’s name. He 
received no votes in this district in Independent column. In Fifth election district 
Ward received 142 votes in Republican column on straight tickets and 8 votes in 
Republican column on split tickets, making total vote in Republican column of 
150, of which 147 were received by cross in circle at top of Republican column 
and 3 by cross opposite Ward’s name. He received 1 vote in Independent column 
in this district. In Sixth district Ward received 130 votes in Republican column 
on straight tickets and 12 votes in Republican column on split tickets, making 
total of 142 votes received by Ward in Republican column, of which 140 were 
voted by cross in circle at top of column and 2 by cross opposite his name. He 
received no votes in Independent column in this district. In Seventh district 
Ward received 137 votes in Republican column on straight tickets and 13 votes in 
Republican column on split tickets, making total of 150 votes received by Ward 
in Republican column, of which 146 were voted by cross in circle at top of col¬ 
umn and 4 by cross opposite his name. In this district he received 1 vote in Inde¬ 
pendent column. 

In Eighth district Ward received 79 votes in Republican column on straight 
tickets and 15 votes in Republican column on split tickets, making a total of 94 
votes in Republican column, of which 87 votes were by cross in circle at top of 
column and 7 by cross ojjposite his name. He received no votes in Independ¬ 
ent column in this district. In Ninth district Ward received 118 votes in 
Republican column on straight tickets and 9 votes in Republican column on split 
tickets, making total of 127 votes received by him in Republican column, all of 
which were voted by cross in circle at top of column. In this district he received 
1 vote in Independent column. In Tenth district Ward received 168 votes in 
Republican column on straight tickets and 34 votes in Republican column on split 
tickets, making total of 202 votes received by him in Republican column, of which 
200 were voted by cross in circle at top of column and 2 by cross opposite his name. 
In this district no votes were received by Ward in Independent column. In Elev¬ 
enth district Ward received 53 votes in Republican column on straight tickets and 
5 votes in Republican column on split tickets, making total of 58 votes received by 
Ward in Republican column, of which all were voted by cross in circle at top of 
column. Ward received no votes in Independent column in this district. I have 
now testified as to all of the votes received by Ward for Congress in the town of 
Cortiandt at the election of November 3, 1896. 

Benjamin Bassett. 

Subscribed and sworn to before me this 11th day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public , Kings County. 

(Certificate filed in New York County.) 

11600 -G 



82 


FAIRCHILD VS. WARD. 


RICHARD LIVINGSTON, being duly sworn, testifies as follows: 

Q. Where do you reside, Mr. Livingston?—A. Sheldon avenue, Tarrytown, 
Westchester, N. Y. 

Q. In what town?—A. Greenburg. 

Q. Did you receive a copy of the order granted by Judge Smith Lent, in evi¬ 
dence in this case, requiring the town clerk of Greeqburg to exhibit to Mr. Fair- 
child or his authorized counsel or representative the ballots voted in your town at 
the election of November 3, 1896?—A. I did. 

Q. What did you do with that order?—A. I served the order on the town 
clerk of Greenburg, together with written authority as Mr. Fairchild's repre¬ 
sentative. 

Q. Did the town clerk submit for your inspection the ballots voted at said elec¬ 
tion, in accordance with the requirements of said order?—A. He did. 

Q. Did you make a careful examination of all the ballots voted at said election 
in the town of Greenburg?—A. I did. 

Q. Did you compute the number of votes received by William L. Ward for Con¬ 
gress upon all of those ballots?—A. I did. 

Q. Will you state the result of that computation?—A. In the First election dis¬ 
trict Mr. Ward received 208 votes in the Republican column on the straight ticket 
and 15 in the Republican column on the split tickets, a total of 223 votes in the 
Republican column. Of these 223 votes, he received 221 votes by a cross.marked 
in the circle at the top of the column, and 2 votes by a cross opposite his name. 
He received no votes in the Independent column in this district. In the Second 
election district he received 217 votes in the Republican column on straight tickets 
and 25 votes in Republican column on split tickets, making a total of 242 votes 
received by Ward in Republican column, of which 241 votes were received by a cross 
marked in circle at top of column, and 1 vote received by cross opposite his name 
in Republican column. He received 2 votes in Independent column in this district. 
In the Third district Ward received 90 votes in Republican column on straight 
tickets and 1 vote in Republican column on split ticket, making total of 91 votes 
received by him in Republican column, all of which were voted by cross in circle 
at top of Republican column. In this district Ward received no votes in Inde¬ 
pendent column. In Fourth district Ward received 204 votes on straight Repub¬ 
lican ticket and 9 votes in Republican column on split tickets, making total of 213 
votes Ward received in Republican column in Fourth district, of which 207 were 
voted by cross in circle at top of column and 6 votes by cross opposite Ward’s 
name. He received no votes in this district in Independent column. In Fifth 
election district Ward received 37 votes in Republican column on straight tickets 
and 2 votes in Republican column on split tickets, making total of 39 in Repub¬ 
lican column, of which 37 were received by cross in circle at top of column and 2 
by cross opposite Ward’s name. He received 1 vote in Independent column in this 
district. In the Sixth district Ward received 208 votes in Republican column on 
straight tickets and 5 votes in Rexmblican column on split tickets, making total 
of 213 votes received by Ward in Republican column, of which 211 were voted by 
cross in circle at top of column and 2 by cross opposite his name. He received no 
votes in Independent column in this district. In Seventh district Ward received 
187 votes in Republican column on straight tickets and 7 votes in Republican 
column on split tickets, making total of 194 received by Ward in Rei>ublican 
column, of which 192 were voted by cross in circle at top of column and 2 by cross 
opposite his name. In this district he received no votes in Independent column. 
In Eighth district Ward received 188 votes in Republican column on straight 
tickets and 20 votes in Republican column on split tickets, making total of 208 
votes in Republican column, of which 201 votes were by cross in circle at top of 
column and 7 by cross opposite his name. He received 1 vote in Independent 
column in this district. In Ninth district Ward received 167 votes in Republican 
column on straight tickets and 7 votes in Republican column on split tickets, 
making total of 174 votes received by him in Republican column, of which 173 
were voted by cross in circle at top of column and 1 by cross opposite his name. 
In this district he received no votes in Independent column. In Tenth district 
Ward received 80 votes in Republican column on straight ticket and 7 votes in 
Republican column on split tickets, making total of 87 votes received by him in 
Republican column, of which 83 were voted by cross in circle at top of column 
and 4 by cross opposite his name. In this district no votes were received by Ward 
in Independent column. I have now testified as to all of the votes received by 


FAIRCHILD YS. WARD. 83 

Ward for Congress in the town of Greenburg at the election of November 
3, 1896. 

Richard Livingston. 

Subscribed and sworn to before me this 11th day of May. 1897. 

[seal.] Victor Aschoff, 

Notary Public, Kings County. 

(Certificate filed in New York County.) 

Adjournment until Wednesday, May 12,1897, 9 o'clock a. in., at same place, and 
notary so directs. 

JOHN CASE, being duly sworn, testifies as follows: 

Q. Where do you reside, Mr. Case?—A. In North Pelham, town of Pelham, 
Westchester County, N. Y. 

Q. Did you receive a copy of the order granted by Judge Lent Smith, in evidence 
in this case, requiring the city clerk of Mount Vernon to exhibit to Mr. Fair- 
child or his authorized counsel or representative the ballots voted in Mount 
Vernon at the election of November 3, 1896?—A. I did. 

Q. What did you do with that order?—A. I presented it to Mr. Jenkins, the 
city clerk of Mount Vernon. 

Q. Did the city clerk submit for your inspection the ballots voted at said elec¬ 
tion, in accordance with the requirements of said order?—A. He certainly did. 

Q. Did you make a careful examination of all the ballots voted at said election 
in Mount Vernon?—A. I did. 

Q. Did you compute the number of votes received by William L. Ward for 
Congress upon all of those ballots?—A. I did. 

Q. Will you state the result of that computation?—A. Mr. William L. Ward 
received in the city of Mount Vernon a total of 2,010 votes and no more in the 
Republican column on the straight Republican ticket, and 81 votes and no more 
in the Republican column on the split tickets, making a total of 2,091 votes 
received by him in the Republican column, of which 8 votes were received by a 
cross opposite Ward's name in the Republican column and 2,083 votes were voted 
by a cross in the circle at top of Republican column under Republican emblem. 
Mr. Ward received 1 vote and no more in Mount Vernon in the Independent col¬ 
umn. 

John Case. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public, Kings County. 

(Certificate filed in New York County.) 

Adjourned until 10 o'clock a. m. to 35 Wall street, New York City, office of Hon. 
B. F. Tracy, and notary so directs. 

10 o'clock a. m. 

Met pursuant to adjournment at 10 o'clock a. m., at 35 Wall street, office of Hon. 
B. F. Tracy. 

BENJAMIN F. TRACY, a witness called in behalf of the contestant, being duly 
sworn, testified as follows: 

By Mr. Fairchild: 

Q. You were counsel for Mr. Fairchild in the Congressional contest in the Six¬ 
teenth Congressional district last fall, were you not?—A. Yes. 

Q. And you appeared as counsel before Judge Edwards upon the hearing before 
him in reviewing the order of the secretary of state?—A. I did. 

Q. Do you recall whether or not counsel for Mr. Fairchild, upon the original 
hearing before Judge Edwards, requested that several orders be entered denying 
the several motions that were on that day made in behalf of Mr. Fairchild.—A. I 
remember that on the day of the first hearing, October 14,1 think, before Mr. Jus¬ 
tice Edwards, counsel for Mr. Fairchild made several motions before the judge, 
which were denied by the judge, and counsel requested that orders in that pro¬ 
ceeding be entered denying such motions. 

Q. What disposition was made by Judge Edwards upon that occasion of each 
of those several requests?—A. They were all denied, and the requests were made 
that orders be entered upon his decision denying them, and it was stated that that 
would be done. 

Q. By whom?—A. By Judge Edwards. 


84 


FAIRCHILD VS. WARD. 


Q. Do you recall appearing before Judge Edwards in his chambers on Saturday, 
October 17?—A. Yes. 

Q. What was the subject of discussion on that occasion?—A. There were sev¬ 
eral. I went to Albany on the night train, leaving New York about midnight. I 
arrived at Albany early in the morning, got an early breakfast, and took the 7 o'clock 
train, I should say it was—a train leaving Albany about 7 o’clock for Hudson. We 
arrived there early in the morning, waited for a time at the office of Mr. Longley, 
having, as I understood, an appointment with the judge that morning. I must have 
gone to his office about 10 o’clock, and found the j udge there. Mr. Cadman and Judge 
Cad} r either were in the office when we went there or came in soon after, and the 
matters touching the granting of the original order on the Friday previous, and 
the failure to file it, and the failure of the judge to have the orders made upon our 
motions and decided by him entered as part of the proceedings and as independent 
orders, was discussed. The original orders had been made by the judge and handed 
ither to Mr. Cadman or Judge Cady, and were not present before the judge. We 
asked that they should be produced. The answer was that they had not them with 
them at the judge's office. Then it transpired that Judge Cady and Mr. Cadman 
disputed the correctness of our statement as to what had transpired before the judge 
before the hearing about the entry of orders, and possibly other matters, and it 
became necessary to appeal to the stenographer’s minutes. That was the first 
knowledge I had of the fact that the stenographer did not reside in Hudson, but 
resided in Albany, and was not present before the judge with his minutes. He 
was communicated with and requested to come to Hudson, and we got word that 
he would be there at a certain time and on a certain train. He did come, and had 
his minutes with him. 

Q. Was an application made to Judge Edwards on that day by Mr. Fairchild's 
counsel for an order directing the immediate entry of the final order?—A. Yes. 

Q. What time of the day was that application made?—A. I can not remember 
the hour when it occurred. I can not undertake to say. It occurred early in the 
day, for that was one of our principal objects in going there, to insist that that 
order should be entered forthwith. We knew that the counsel had the order in 
their pockets, and we were there to get an order from the judge directing them to 
file that order forthwith. 

Q. Do you recall whether a recess was taken that day?—A. I know that there 
was an interregnum, and then there was a recess finally taken for lunch. My 
recollection is—I don’t remember whether I went back to the office after lunch or 
not. I know we waited for the stenographer. I know that during that wait Mr. 
Fairchild went to the office of Mr. Cadman to get the order and came back with 
what purported to be. a copy of it, and still the original order was not produced. 

I think there was some question as to whether Mr. Fairchild had got a literal 
copy of that order or not. As I remember, there was some question about one or 
two words in his copy, whether they were in the original or not. Finally the 
original was produced before the judge. 

Q. Do you recall whether the application or the immediate entry of the final 
order was made prior to the noon recess for lunch?—A. I do not recall it as a dis¬ 
tinctive fact. I have no doubt of it. My best recollection is, as 1 have already 
stated, that that was one of the first requests we made on going before the judge 
in the morning, that he should issue an order requiring the filing of the order 
forthwith, but that request was made from time to time, and was the subject 
of conversation from time to time during the day. The judge declined to make 
an order requiring him to file it forthwith, on their statement that they should file 
it early Monday morning, the 17th being on Saturday. 

Q. Do you mean by that answer that there was any suggestion made that it 
could not be entered on that day because it was Saturday?—A. No; I do not 
remember any such suggestion. 

Q. Did Judge Edwards grant or deny the application of Mr. Fairchild's counsel 
to have produced before him the final order?—A. No, sir; the order was made. 
The order was produced by Mr. Cadman, as the result of Mr. Fairchild's inter¬ 
view with him, and the alleged copy of the order was produced before Judge 
Edwards. I do not remember that there was any refusal, and I am quite sure lie 
made no order grantingit. 

Q. Did Judge Edwards grant or deny the application of Mr. Fairchild’s counsel 
to have entered the said interlocutory orders?—A. According to my recollection 
he denied it, but he consented to have a statement made and entered of the record 
from the stenographer’s notes, such as the stenographer had taken of the proceed¬ 
ing, and Mr. Fairchild and Mr. Bevans remained to make up that record, and I 
left and came to New York, leaving them there. I found, when we came to read 
the stenographer’s notes, that that part of the proceedings which he had taken he 


FAIRCHILD VS. WARD. 


85 



had taken quite accurately, but much of what transpired before Judge Edwards 
on the first hearing had not been taken by the stenographer, he understanding 
that he was only to take the things that he was directed to take. 

Q. Did you attend before Chief Justice Andrews, of the court of appeals, upon 
the morning of the day fixed for the adjournment of that court, with an applica¬ 
tion to secure an order to show cause bringing the appeal from the appellate 
division order on immediately?—A. Yes. 

Q. Was such an o^der to show cause granted?—A. No. 

Q* What was the reason giving for refusing it?—A. The shortness of time. The 
judge was reluctant to grant an order summarily to bring the cause on the same 

date. 

_ Q. If you had been able to apply for that order to show cause a day earlier, in 
time to allow twenty-four hours for the return of the order, would you have been 
able to secure such order from Judge Andrews?—A. I believe so. 

Q. Do you recall whether or not, before the hearing before the. appellate divi¬ 
sion, any contention was made by counsel for Mr. Ward in his argument that the 
appellate division should not reverse Judge Edwards’s orders, because it would 
result in invalidating the election, as it would be too late to print the ballots?—A. 
I remember that the objection was taken that it was too late, and that the reversal 
of the order would not leave sufficient time to print the ballots. I do not remem¬ 
ber distinctly the use of the words “invalidate the election.” 

Q. Do you recall whether there was any complaint made before Judge Edwards 
on that Saturday morning because the order had not been entered the day before?— 
A. Yes: we complained because the order had not directed that it should be entered 
forthwith in the clerk's office. We complained of the original order because it did 
not require that the order should be entered forthwith. Under the circumstances, 
and in view of the shortness of time, we insisted that the order should have 
directed that it should be forthwith entered. 

Q. When the final order was produced before Judge Edwards on that Saturday, 
did any discussion arise regarding the form of the order?—A. Yes. On the pro¬ 
duction of the original order it transpired that the name of Mr. Fairchild as a 
party to the proceeding had been omitted entirely. It did not appear that he had 
appeared before Judge Edwards, or had been rc^n'esented on the hearing before 
Judge Edwards. It was drawn as an order to which the Secretary of State, and 
the Secretary of State only, was a party. I objected to the order omitting the 
name of Mr. Fairchild, and insisted that it should be amended and his name 
inserted as a party to the proceeding. This was at first objected to, and, upon my 
suggestion, that the order in its present form could safely be disregarded by the 
Secretary of State, as not being properly entitled, on reflection, an amendment o£ 
the order, inserting Mr. Fairchild’s name as a party to the proceeding, was con¬ 
sented to, and such an amendment was made. 

Q. Was it consented to by Mr. Ward's counsel?—A. Well, I am inclined to 
think it was: yes. 

B. F. Tuey. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public, Kings County. 

(Certificate filed in New York County.) 

New York, May 11, 1897. 

At police headquarters, 300 Mulberry street, New York City, room 28, at 12 
o’clock noon, pursuant to notice. Adjournment by direction of notary to 2.45 p. m. 

2.45 p. m. 

AARON C. ALLEN, being duly sworn, testifies as follows: 

Q. Mr. Allen, you have already testified in this case, have you not?—A. I have 

Q. Have you, and can you produce, the tally sheets returned to your office by 
the inspectors of the election, showing the election returns for the election of 
November 3, 1896?—A. Yes; I can. 

Q. In the Thirty-seventh election district of Thirty-fourth assembly district, 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Sixty-four. 

U>. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Thirty-eighth election district of the Thirty-fourth assembly district, 




86 FAIRCHILD VS. WARD. 

how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Ninety-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in thatelection district did he receive in the Independent column?— 
A. None. 

Q. In the Thirty-ninth election district of the Thirty-fourth assembly district, 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the Re¬ 
publican column on the straight ticket?—A. One hundred and fourteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fortieth election district of the Thirty-fourth assembly district, how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and eighty-seven. 

Q. How mauy in that election district did he receive in the Republican column 
on split tickets?—A. Sixteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-first election district of the Thirty-fourth assembly district, 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the Re¬ 
publican column on the straight ticket?—A. Seventy-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that district did he receive in the Independent column?—A. 
None. 

Q. In the Forty-second election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Fifty-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-third election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Ninety-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-fourth election district of the Thirty-fourth assembly district 
how many votes, as appears lrom the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and ninety-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eleven. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-fifth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifty-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-sixth election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and sixty-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-seventh election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and twenty-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-eighth election district of the Thirty-fourth assembly district 


FAIRCHILD VS. WARD. 87 

how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One." 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-ninth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fiftieth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and twenty-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the independent col¬ 
umn?—A. None. 

Q. In the Fifty-first election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Fifty-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-second election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. 'Ward receive in the 
Republican column on the straight ticket?—A. One hundred and twenty-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fifty-two. 

Q. How many in that election district did he receive in the independent col¬ 
umn?—A. None. 

Q. In the Fifty-third election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. One. 

Q. In the Fifty-fourth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tall}’ sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and six. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-fifth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fourteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-sixth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and forty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. . 

Q. In the Fifty-seventh election district .of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-eighth election district of the Thirty-fourth assembly district how 


88 


FAIRCHILD VS. WARD. 


many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub" 
lican column on the straight ticket?—A. One hundred and forty-four. 

Q. How many in that election district did he receive s in the Republican column 
on split tickets?—A. None. 

Q. How many in that election district did he receive in the Independent 
column?—A. None. 

Q. In the Fifty-ninth election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Seventy-seven. 

0. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent 
column?—A. None. 

Q. In the Sixtieth election district of the Thirty-fourth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent 
column?—A. None. 

C,). In the Sixty-first election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Sixty-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Sixty-second election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q, How many in that election district did he receive in the Independent col¬ 
umn?—A. One. 

Q. In the Sixty-third election district of the Thirty-fourth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and thirty-eight. 

Q. How . lany in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q*. In the Sixty-fourth election district of the Thirty-fourth assembly district 
how many votes, as aj)pears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Sixty-fifth election district of the Thirty-fourth assembly district how 
many votes, as appears from .the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

Q. Flow many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Adjourned to Wednesday, May 12,1897, at 9 o’clock, and the notary so directs. 

New York, May 12, 1897— 9 o'clock a. m. 

Testimony taken by the notary public, Victor Aschoff, esq. 

Hon. Milton I. Southard for Mr. Fairchild. 

Deposition of AARON C. ALLEN—Continued: 

Q. In the First election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. Ninety. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One. 


FAIRCHILD VS. WARD. 89 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Second election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and thirty-six. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Third election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the' Republican 
column on the straight ticket?—A. Eiglity-tliree. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Fourth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and fifteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. Fifty. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Sixth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. Fifty-six. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Seventh election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Two hundred and forty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Nine. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Eighth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and fifty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the N inth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Tenth election district of the Thirty-fifth assembly district how many 
votes, as appears from the talh 7 sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and six. 

Q. How many in that election district did he receive in the Republican column 
' on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Eleventh election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Seventy-one. 


90 


FAIRCHILD VS. WARD. 


Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twelfth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. One hundred and eleven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirteenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fourteenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the fifteenth election district of the Thirty-fifth assembly district, how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fourteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Sixteenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub- 
can column on the straight ticket?—A. One hundred and sixty-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Seventeenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Eighteenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and eighteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Nineteenth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. Flow many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twentieth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifty-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-first election district of the Thirty-fifth assembly district how 


FAIRCHILD VS. WARD. 91 

many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and eighty-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Thirteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-second election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and twenty-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-third election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Repuolican column on the straight ticket?—A. One hundred and forty-six. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Ten. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-fourth election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and seventy-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fifteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-fifth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and sixty-three. 

C*). How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Twenty-sixth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifty-seven. 

Q. How many in that election district did he receive m the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Twenty-seventh election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and thirty-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Twenty-eighth election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and twenty-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Twenty-ninth election district of the Thirty-fifth assembly district 
how many votes, as* appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and thirty. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One. 

Q. Ho w many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirtieth election district of the Thirty-fifth assembly district how 
many votes, as appeared from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and forty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 


92 


FAIRCHILD VS. WARD. 


Q. In the Thirty-first election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Ninety-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-second election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the Re¬ 
publican column on the straight ticket?—A. Eighty-five. 

Q. How many in that election district did he receive in the Republican col¬ 
umn on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

0- In the Thirty-third election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and thirty-four. 

Q. How many in that election district did he receive in the Republican col¬ 
umn on spolit tickets?—A. Nine. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-fourth election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and fourteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-fifth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—x4. One hundred and twenty-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Nine. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-sixth election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and forty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Twelve. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-seventh election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the Re¬ 
publican column on the straight ticket?—A. One hundred and thirty-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Thirteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-eighth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Ninety-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Thirty-ninth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Two hundred and one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fortieth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward received the Repub¬ 
lican column on the straight ticket?—A. One hundred and thirty. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fourteen. 


FAIRCHILD VS. WARD. 93 

Q. How many in that election district did lie receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-first election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and thirty-six. 

How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-second election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. One hundred and twenty-three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Forty-third election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifty-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Forty-fourth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and eighty-three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Nineteen. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Forty-fifth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and seventy-one. 

Q. Flow many in that election district did he receive in the Republican column 
on split tickets?—A. Twelve. 

C^. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-sixth election district of the Thirty-fifth assembly district how 
may votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and ninety-three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-seventh election district of the Thirty-fifth assembly district 
how many votes, as appears from the tally sheet, did Mr. Ward receive in the 
Republican column on the straight ticket?—A. Eighty-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Twenty-five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-eighth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and twenty-one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fourteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Forty-ninth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Ninety-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. . 

Q. In the Fiftieth election district of the Thirty-fifth assembly district how many 
votes, as appears from the tally sheet, did Mr. Ward receive in the Republican col¬ 
umn on the straight ticket?—A. Eight} r -eight. 


94 


FAIRCHILD VS. WARD. 


Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-first election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Nine. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-second election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. Eiglity-one. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-third election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and fifty. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fifteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-fourth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and seventy-seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Fifteen. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-fifth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and eighteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fifty-sixth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Fifty-seventh election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Six. 

Q. How many in that election district did he receive in the Independent column?— 
A. One. 

Q. In the Fifty-eighth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Repub¬ 
lican column on the straight ticket?—A. One hundred and seven. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that electi on district did he receive in the Independent column?— 
A. None. 

Q. In the Fifty-ninth election district of the Thirty-fifth assembly district how 
many votes, as appears from the tally sheet, did Mr. Ward receive in the Republican 
column on the straight ticket?—A. Eighty-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Seven. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the First election district of the annexed district how many votes, as 




I 


FAIRCHILD VS. WARD. 95 

appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Sixty-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent column?— 
A. None. 

Q. In the Second election district of the annexed district how many votes, as 
appear from the tally sheet did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Seventy-three. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Four. 

Q. How many in that election district did he receive in the IndeiDendent col¬ 
umn?—A. None. 

Q. In the Third election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. One hundred and thirteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Three. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Fourth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. One hundred and fifteen. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. Three. 

Q. In the Fifth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. One hundred and twenty-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Sixth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Two hundred and fifty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Eight. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Seventh election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Sixty-four. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

Q. In the Eighth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Seventy-eight. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. None. 

Q. How many in that election district did he receive in the Independent 
column?—A. None. 

Q. In the Ninth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mi-. Ward receive in the Republican column on 
the straight ticket?—A. One hundred and fifty-five. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Five. 

Q. How many in that election district did he receive in the Independent 
column?—A. None. 

Q. In the Tenth election district of the annexed district how many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Seventy-two. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. One. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 


4 


96 


FAIRCHILD VS. WARD. 


Q. In the Eleventh election district of the annexed district liow many votes, as 
appears from the tally sheet, did Mr. Ward receive in the Republican column on 
the straight ticket?—A. Fifty-nine. 

Q. How many in that election district did he receive in the Republican column 
on split tickets?—A. Two. 

Q. How many in that election district did he receive in the Independent col¬ 
umn?—A. None. 

A. C. Allen. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public , Kings County. 

(Certificate filed in New York County.) 

State of New York, 

City and County of New York , ss: 

I, Henry D. Purroy, clerk of the city and county of New York, and also clerk 
of the supreme court for the said city and county, being a court of record, do 
hereby certify that Victor Aschoff has filed in the clerk's office of the county of 
New York, a certified copy of his appointment as notary public for the county of 
Kings, with his autograph signature, and was, at the time of taking the annexed 
deposition duly authorized to take the same, and that 1 am well acquainted with 
the handwriting of said notary public, and verily believe that the signature to the 
annexed certificate is genuine. 

In testimony whereof I have hereunto set my hand and affixed the seal of the said 
court and county, the 12th day of May. 1897. , 

[seal.] Henry D. Purroy, Clerk. 


No. 155 Broadway, 

New York, May 12, 1S97—10 o'clock a. m. 

Appearance: Hon. M. I. Southard for the contestant and Ben L. Fairchild, esq., 
the contestant, in person. 


New York. May 12, 1207. 

At 155 Broadway, room 32, at 10 o’clock in the forenoon, pursuant to notice. 
Adjournment to 11 o'clock, and the notary so directs. 


May 12, 1897—11 o’clock a. m. 

Met pursuant to above adjournment. 

Appearances: Eton. Milton I. Southard for Mr. Fairchild. 

Several witnesses appeared for examination in accordance with the notice of 
taking testimony served upon Mr. Ward. 

Mr. Fairchild stated that the witnesses had been subpoenaed for the purpose of 
impeaching Henry C. Henderson, a witness who testified on behalf of the con- 
testee, in accordance with the notice which was served upon Mr. Henderson and 
his counsel during the cross-examination of Mr. Henderson, but that as Mr. Hen¬ 
derson is not present, either in person or by counsel, he would not have the sev¬ 
eral witnesses testify, but would let the testimony of Mr. Henderson stand with¬ 
out further reference than is contained in his cross-examination. 

Victor Aschoff, Notary. 


JOHN N. STEWART, called and ’sworn as a witness on behalf of the contest¬ 
ant, testifies as follows: 

Q. Mr. Stewart, where did you reside in the fall of 1894?—A. Williamsbridge, 
in the county of Westchester. 

Q. Were you the candidate for assembly on the Republican ticket that year?— 
A. Yes, sir. 

Q. Do you know Henry C. Henderson?—A. Yes, sir. 

(^. Do you recall the printing of paster ballots during the campaign leading up 
to the election in the fall of 1894, containing Democratic names substituted for 
the names of Republicans upon the pasters?—A. Yes, sir. 

Q. Do you recognize the paster that I hand you [presenting same] as one that 
you knew of at that election?—A. Yes, sir. 

Q. Will you state whether that paster contains the names of Republican candi¬ 
dates or Democratic candidates?—A. It contains the names of the Democratic 
State ticket and Republican local candidates, with the exception that the name of 
William Ryan, the Democratic candidate for Congress, is substituted in place of 
the name of Ben L. Fairchild, who was the Republican candidate for Congress. 


FAIRCHILD VS. WARD. 97 

Q. Do you know how many of such ballots were printed?—A. To the best of 
my memory, a thousand. 

(The paster ballot referred to above was marked, ‘‘Marked for identification, 
Ex. 1, May 12, 1897.”) 

Q. Under what circumstances did you receive those thousand pasters?—A. By 
being brought to me wrapped up in a brown paper. On removing such paper I 
found on the ballots the name of William Ryan in place of Ben L. Fairchild as 
the candidate for Congress. The bundle was wrapped in brown paper, on which 
was indorsed the name “ H. C. Henderson ” in Mr. Henderson's handwriting, and 
I was informed by the man who brought them to me that they had been placed in 
his custody by Mr. Henderson for delivery upon the night before election. I 
know that Mr. Henderson got those ballots printed in the Catholic Protectory; 
also, because Mr. Henderson admitted to me that he did have them printed there. 
A few days prior to the receipt of this bundle of ballots by me, William L. Ward, 
Henry C. Henderson, Thomas H. Delehanty and I met at the Grand Union Hotel, 
and it was there stated by Mr. Henderson that he would have printed paster bal¬ 
lots containing the names of Republican local candidates, including the Repub¬ 
lican candidate for Congress, Ben L. Fairchild, for the use of an element of the 
Democrats who were against Cleveland, but called themselves Hill Democrats. I 
missed Mr. Henderson at the place where Mr. Henderson was having these ballots 
printed upon the Saturday before election, but met Mr. Delehanty, who had the 
bundle, as I have already testified, containing the ballots, with the name of Will¬ 
iam Ryan, of Portchester. the Democratic candidate, substituted for the name of 
Ben L. Fairchild. This discovery was made by me in time to cause the ballots to 
be destroyed, and have correct Republican paster ballots printed in their place 
containing the name of the Republican candidate for Congress. Between the 
destruction of the ballots and election day Mr. Henderson discovered that I had 
destroyed the Ryan ballots and had secured ballots containing the name of Mr. 
Fairchild, and he then worked against me on election day for assembly, I then 
being a candidate on the Republican ticket for assembly. 

(The brown paper containing the signature “H. C. Henderson” was marked, 
“For identification, Ex. 2, May 12, 1897.”) 

John N. Stewart. 

Subscribed and sworn to before me this 12th day of May, 1897. 

[seal.] Victor Aschoff, 

Notary Public, Kings County. (Certificate filed in New York County.) 

Contestant’s Exhibit A.—May 8, 1897—Win. W. Ford, notary public. 

House of Representatives. In the matter of the contested seat of William L. 

Ward. Ben L. Fairchild against William L. Ward. 

Before Hon. Smith Lent, county judge of Westchester County, at the county 
court-house, in the village of White Plains, on the 4th day of May, 1897. 

A motion coming on to be heard pursuant to an order to show cause, granted by 
Hon. Smith Lent, on the 1st day of May, 1897, for an order under section 111 of 
the election law to open the ballot boxes in the custody of the several city and 
town clerks in the county of Westchester, containing ballots voted at the election 
of November 8, 189(5, and upon reading and filing proof of service of said order to 
show cause upon the said clerks and upon William L. Ward, and after hearing 
Frank V. Millard, esq., in opposition thereto, objecting that the court has no 
jurisdiction to grant the order prayed, and Robert McCord, esq., specially for the 
town clerk of the town of Cortlandt. objecting that the proceeding is not properly 
entitled; that the testimony taken before the committee on contested seats has 
not been served upon the town clerk, and that the court has no jurisdiction to 
grant the order, and J. A. Peck, esq., specially for the town clerk of Rye and 
Harrison, for the purpose of objecting, and Harry R. Barrett, esq., for the clerks 
of New Castle. South Salem, and Poundridge, and upon the affidavits of William 
Jones. Albert J. Lobdell. James W. Coffrev. and Henry C. Henderson in opposi¬ 
tion, and after hearing Roger M. Sherman, esq., of counsel for Ben L. Fairchild, 
in support of the applicant, it is 

Ordered , That the city clerks of Mt. Vernon and Yonkers, and the town clerks 
of Cortlandt, Ossining, ‘Poundridge, Lewisboro, Mount Pleasant, North Castle, 
North Salem. Greensburg, Somers, Eastchester, Pelham, New Rochelle, Mama- 
roneck, Scarsdale, Harrison, White Plains, North Castle, Yorktown, and Bedford 
(and that the town clerks of Ossining and Mamaroneck demand and receive from 
the county clerk of Westchester County such ballot boxes deposited with him from 
their said towns, respectively) forthwith, upon the application of Ben L. Fairchild 

11000 - 7 



98 


FAIRCHILD VS. WARD. 


or his authorized counsel or representative, open the ballot boxes deposited with 
them after the election of November 3, 1S9G, containing ballots voted and submit 
such ballots and the contents of such boxes to the examination of said Fairchild 
and to his said authorized counsel or representative. 

Smith Lent, 

Counti/ Judge of Westchester County. 


Hearing before J. Murray Downs, notary public, at his office, No. 13 North 
Pearl street, Albany, N. Y.. May 12, 1897, at 12 in. 

Hon. J. Rider Cady appeared for the contestee, William L. Ward. 

No one appeared on behalf of contestant, and after waiting one hour J. Rider 
Cady and myself, notary public, left my office. 

A few minutes after 1 o'clock a telegram was received from the contestant, 
requesting an adjournment until 5 o'clock. This telegram was exhibited to J. 
Rider Cady, who then returned to the notary’s office. 

J. Rider Cady then appeared specially for the purpose of objecting to the juris¬ 
diction of the House of Representatives or a committee thereof to receive or con¬ 
sider any testimony herein taken or to be taken before me to-day, upon the ground 
that no due, lawful, sufficient, or valid notice of the taking of such testimony has 
been given by the contestant. 

The telegram received from contestant is hereto annexed. 

Thereupon the said J. Rider Cady, expressly reserving all rights of contestee, 
protested against the taking of testimony herein to-day and insisted that I, notary 
public, have no power to grant proposed adjournment in said telegram, or any 
other adjournment hereof, upon the ground that the hearing or-proceeding, if 
there has been any before me here to-day, has been closed and ended. 

Proceedings adjourned until 5 o’clock p. m. 


[Telegram.] 

To Messrs. Scherer & Downs, Albany: 


New York, May 12,1897. 


Hearing to-day before Downs, notary, at noon your office, please adjourn to time 
after 5 o'clock, when I arrive to examine Scherer and Bevans. This is last day. 

Ben L. Fairchild. 

At 5 o'clock p. m. contestant, Benjamin L. Fairchild, appeared in person. No 
one appeal ed on behalf of contestee. 


LYMAN H. BEVANS, being duly sworn, deposes and says as follows: 

Examined by Ben L. Fairchild: 

Q. You have already testified in this case?—A. 1 have. 

Q. Were you present during the examination and cross-examination of Mr. Cady 
for the contestee in Hudson?—A. I was. 

Q. What time of day did you go to Hudson to attend such examination?—A. 
On a train leaving Albany at 9.30 in the morning, due at Hudson at 10.15. 

Q. Who did you go with?—A. The contestant, Mr. Fairchild. 

Q. What time did Mr. Fairchild reach Albany from New York for the purpose 
of attending such hearing?—A. 5.55 in the morning. 

Q. What was the hour named in the notice of taking the testimony of Mr. Cady 
in this case?—A. Between the hours of 10 a. m. and 9 p. m., which I quote from the 
notice of taking testimony now in my hand. 

Q. Did the hearing proceed promptly upon your arrival?—A. No. 

Q. At what hour did it commence?—A. A very few minutes after 12. 

Q. What was the cause of the delay?—A. Mr.‘ Henderson, the attorney for the 
contestee, waited over in New York City for a morning train and did not get to 
Hudson until about 12 o'clock. 

Q. How long did the examination of Mr. Cady proceed without interruption?— 
A. Until about 1 o'clock, when Mr. Henderson requested an adjournment until 
2.30 p. m. for lunch. Mr. Fairchild and myself had lunch during the first delay. 

Q. When was the hearing of that day concluded?—A. Softie time after 1 o'clock 
that night. 

Q. You are a member of the firm of Countryman. DuBois & Bevans?—A. I am. 

Q. Do you or not have charge of questions of practice that arise in cases in the 
office?—A. I do. 

Q. Was that firm not employed by Mr. Fairchild in the Congressional contest 
last fall?—A. It was. Mr. Fairchild first saw Judge Countrvman in the matter, 
and as he desired that we look after the questions of practice in this Congres - 


List of officers. 


Governor.____ 

Lieutenant-governor__ 

Associate judge of the court of appeals. 

Justice of supreme court... 

Justice of supreme court_ 

Justice of supreme court_ 

Justice of supreme court.. 

Representative in Congress. 

County treasurer____ 

Coroner_ 

Coroner---- 

Member of assembly. First district. 

Justice of the peace..... 

Alderman, First Ward_ 


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Edward H. Butler.. 

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Alexander Robb.. 

Charles A. Moore.. 

Robert A. Sharkey_ 

Francis F. Williams_ 

William Nason.. 

Frederick Haldy_ 

Nicholas Fish.... 

Herman O. Armour.. 

George B. Deane_ 

Francis J. Drummond_ 

Henry Birrell... 

Smith Pine... 

Leopold Stern_ 

Seth M. Milliken.. 

William L. Ward.. 

Alpheus Potts.. 

Archibald Rogers.. 

James A. Burden_ 

William Easton... 

John Sanford... 

Winsor B. French..._ 

Lansing M. Howland_ 

George B. Sloan_ 

David H. Burrell.. 

Charles M. Dickinson. 

Lyman C. Smith_ 

Theodore H. Wic-kwire_ 

Franklin D. Sherwood_ 

Milo H. Olin_ 

James G. Cutler. 

Christian Klinck. 

George Urban, jr_ 

George H. Witter_ 

Frank S. Black.. 

Timothy L. Woodruff_ 

Irving 6. Vann_ 

Garrett J. Garretson . 

Michael H. Hirschberg_ 

William W. Goodrich_ 

Samuel T. Maddox. 

William L. Ward.. 

Francis M. Carpenter_ 

Charles A. Miles.. 

Archibald T. Banning_ 

Alfred E. Smith_ j 

George N. Rigby_J 

John H. Southwick_ 


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Andrew McLean . 

Janies Burrell. 

Samuel S. Whitehouse _ 

Martin H. Duane. 

John Ennis.. 

John E. Walsh . . 

William McM. Speer. 

Michael F. Lyons_ 

John Jordan.. . 

Maurice B. Blumeuthal.. 
William Randolph Hearst 

Henry Guenther_ 

William L. Brown__ 

John McQuade. 

John Brisben Walker _ 

Henry F. Chadeayne_ 

William D. Briunier . 

David Morey... 

M. N. Nolan . . 

Henry Van Bergen_ 

John W. Olmstead_ 

John O’Neil... 

Charles D. Moore .. 

Horatio P. Witherstine... 

Jason P. Merrill. 

George Freeman _ 

William C. Swarts... . 

Hosea H. Rockwell. 

C. Fitch Bissell.. 

Walter B. Duffy . . 

Jacob Stern. .. 

Abraham J. Elias.. 

David S. Wright .. 

Wilbur F. Porter... . 

Frederick C. Schraub. 

Robert C. Titus.. 

John Fleming . . 

William F. O'Neill_ 

Stephen D. Stephens. 

Thomas S. Moore. 

Eugene B. Travis _ 

John Hoag___ _ 

Peter U. Fowler_ 

George C. Roth_ _ 

Stephen J. Stilwell. 

Thomas W. I vers .. 

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Tally sheet, Westchester County election, November 3 , 1896 . 


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Th.lore Bacon ..J. 

Patrick J. Gleason.. 

George W. Wingate_ __ 

James A. Murtha, jr.. 

Henry W. Sherrill.___ 

J. Edward Swanstrom . . 

James J. Stanton.. . 

George J. Greenfield. __ 

Edward J. Dnnphy . .. 

Henry Campbell _ 

John Fennel . . . 

George Tucker Harrison _ 

James D. Lynch . 

John D. Crimmins. 

John R. Fellows_ 

Simon Sterne __ 

Frederick Potter.. 

Russell Headley _ 

Henry L. Young. . 

Charles D. Haines_ 

Oscar L. Hascy. . 

James Shanahan. 

Warren Curtis . 

Henry Gray __ 

Charles W. Avery... 

Eugene B. Wool worth . 

Fred. ill. Weed . 

Louis L. Thurwachter .. 

Willard E. Case __ 

Hugh C. Hayt .. 

John M. Hastings_ 

George W. Archer _ 

John Irlbacker .. . 

Edward H. Hutchinson . 

John P. Slocum . 

Daniel G. Griffin.. 

Frederic W. Hinrichs . .. 

Spencer Clinton . 

Charles J. Patterson_ 

J. Warren Greene _ 

Stephen D. Stephens_ 

Thomas S. Moore . 

James V. Lawrence_ 

John Hoag___ 

Aaron J. Mixsell_ 

Frederick H. Strong _ 

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Frederick F. Wheeler... 

Louis Albert Banks_ 

Henry W. Randall. 

Freeborn G. Smith _ 

James Meyer .... 

Frank Mapes . .... 

John Berry.. 

Johu Bremer. . 

James C. Fernald_ 

John Glover__ 

George B. Hillard_ 

John Ihmer.. 

Emory Cummings. 

John McKee.. 

William T. Ward well .. 
Francis M. Hammond... 

Alfred L. Manierer_ 

Jesse H. Underhill_ 

Chauncey Brooks _ 

Walter Farrington_ 

H. Clay Bascom.-. 

Delos F. Brooks.. 

George W. Reynolds . 

William H. Place. . 

Fred F. Hewitt_ 

Daniel W. Gould_ 

John E. Downer.. 

Frank D.Parce. 

John Green... 

Martin C. Stark.. 

John H. Huber . . 

Henry C. Lockwood_ 

Benj. O. Montgomery _ 

JamesMcNeill. 

Joseph H. Sherer . . 

William H. Sperry .. 

William W. Smith__ 

Charles E. Latimer _ 

Elias Root. 

Walter Farrington. 

Coleridge A. Hart ... 

Andrew' L. Martin_ 

Alfred Degroot. 

James H Hardy. 

James Wilkinson. 

GeorgeQ. Johnson.. 

No nomination . . 

William H. Terrell.. . 

Theodore Terrell.. 

No nomination.. 


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Thomas J. Murphy.. 

Abraham Shapiro- 

Carl Wendelstein.. 

Otto Hatje... 

Waif rid E. Ossberg. 

Jacob Lapeire... 

George S. Sullivan... 

Jacob Zimmer.. 

Louis Schneider_ 

Joseph Smith.. 

James McGarvey.. 

Joseph H. Sweeny... 

William Waffner.. 

Henry Stasius.. 

Henry C. Romaine.. 

Frank Danklioff... 

Ferdinand Hug__ 

Louis Hoeckel.. 

Roman Scbwemmer_ 

Emil S. Nuessle.... 

Joseph D. Bewsee.. 

Thomas Crimmins_ 

Frank W. Roberts.. 

Charles A. Voss_ 

James F. Eason. ... 

Peter Somerville_ 

Thomas J.Grady.... 

Henry Waldman. 

Henry Schlesselmann_ 

Max Forker_ 

James Rixon... 

John F. Martin ... 

Francis H. Koenig..... 

Benjamin F. Keinard_ 

August Winkelmann_ 

Howard Balkam... 

Frederick Bennets. 

Theodore F. Cuno. 

Edward McGovern_ 

John Beehler_ _ 

Christian Ludwig. 

Leberecht Stamm_ 

Lucian Sanial___ 

Robert A. Fones__ 

William Zeppernick. 

William Pfeifer_ 

George C. Chadeayne_ 

Edmund Muller.. 

No nomination__ 


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Benjamin Wood.. 

John P. Madden. 

Andrew McLean_ 

James Burrell.. 

Samuel S. Whitehouse.. 

Martin H. Duane_ 

John Ennis... 

John E. Walsh.... 

William McM. Speer_ 

Michael F. Lyons. 

John Jordan _ 

Maurice B. Blumenthal. 
William Randolph Hearst. 

Henry Guenther... 

William L. Brown. 

John McQuade- 

John Brisben Walker _ 

Henry F. Chadeayne. 

William D. Briunier_ 

David Morey.— — 

Michael N. Nolan.. 

Henry Van Bergen_ 

John W. Olmstead... 

John O’Neil. 

Charles D. Moore. 

Horatio P. Witherstine... 

Jason P. Merrill. 

George Freeman_ 

William C. Swarts. 

Hosea H. Rockwell_ 

C. Fitch Bissell__ 

Walter B. Duffy. 

Jacob Stern_ 

Abraham J. Elias_ 

David S. Wright... 

Wilbur F. Porter_... 

Fred. C. Schraub_ 

Lawrence J. McParlin_ 


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William L. Ward. 


We hereby certify that the foregoing is a true copy of the tally sheet for the 
—, Westchester County. 

Dated November 3, 1896. 


election district of the 


of 


11600-Faces page 98. 


Inspectors. 


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FAIRCHILD VS. WARD. 


99 


sional contest it was referred to me, and thereafter I attended to that part of the 
proceeding. 

Q. To what extent were you actively engaged in that proceeding, commencing 
with the hearing before Judge Edwards on October 14, 1896, down to the final 
legal proceedings before the election?—A. On the day and evening previous I 
examined the law in reference to the practice in such proceedings, and from the 
commencement of the hearing on the following morning (October 14, 1896) was 
engaged continuously in attempting to get the intermediate orders, made by Judge 
Edwards on that day, and the final order, made by him on the 16th, entered, in 
order that Mr. Fairchild might take an appeal therefrom. 

Q. Is your memory clear as to the incidents relating to the making of the final 
order by Judge Edwards, and the questions relating to that order, and the pro- 
posed interlocutory orders in that proceeding?—A. Yes; those matters were par¬ 
ticularly within my charge, and I therefore recollect them very clearly. 

Q. Will you state what you said, if anything, before Judge Edwards in the 
presence of Messrs. Cady and Cadman upon the occasion when the final order was 
signed on October 16, 1896, respecting the immediate entry of the order?—A. Our 
object in getting a copy of the order was to enter it immediately, and I undoubt¬ 
edly stated that to Judge Edwards at the time as a reason for wishing a copy of 
the order. It was then, upon the urgent request of Mr. Fairchild over the tele¬ 
phone from Albany, that I went to Judge Edwards’s house and applied to him for 
an order directing that the final order be entered forthwith. 

Q. What was the occasion of the hearing before Judge Edwards on October 17, 
1896?—A. To procure the entry of that final order and also entry of the several 
orders which Judge Edwards had agreed at the hearing on October 14,1896, should 
be entered, and the drafts of which orders I had submitted to Judge Cady two 
days before in pursuance of a direction of Judge Edwards at the close of the hear¬ 
ing on the 14tli. The difference between Judge Edwards and Mr. Ward's attorneys 
on the one side and myself on the other as to what had transpired on the 14th occa¬ 
sioned our sending for General Tracy, who came up from New York for the pur¬ 
pose of being present before Judge Edwards on October 17, 1896. 

Q. Can you refresh your memory from the railroad time-table as to the exact 
time General Tracy, you, and Mr. Fairchild reached Hudson on the morning of 
October 17, 1896?—A. I remember the train we went on and about the time it left 
Albany and arrived at Hudson, and find by reference to the time-table I hold in 
my hand that the exact time of leaving Albany was 6.80 in the morning and arrival 
at Hudson 7.22 in the morning. 

Q. State the time of arrival at Albany of the night train from New York upon 
which General Tracy arrived from New York that morning.—A. 5.55 a. m. 

Q. Will you state at what hour the counsel for both parties appeared before 
Judge Edwards on the morning of October 17?—A. Nine o'clock, the time fixed by 
Judge Edwards the night before. 

Q. What, if anything, did you do between the hour of arrival at Hudson and 9 
o’clock in preparation for the hearing before Judge Edwards?—A. On our arrival 
at Hudson we went to Judge Longley’s office, and I wrote out on the typewriter 
the affidavit and order proposed, which I now hold in my possession, to direct the 
immediate entry of the final order in the Hudson County clerk’s office, in accord¬ 
ance with the provision of the code of civil procedure. 

Q. What, if anything, did you do with such affidavit and proposed order after they 
had been prepared?—A. On the convening of the parties before Judge Edwards, I 
signed the affidavit, after first ascertaining at the clerk's office in Hudson that 
the order had not yet been entered in that office, and verified the same before 
Judge Edwards, signature attached to the paper I hold in my hand being the hand¬ 
writing of Judge Edwards. I then immediately presented the affidavit and pro¬ 
posed order to Judge Edwards, and in the presence of Judges Cadman and Cady 
asked that the order be signed. I might state that before presenting the applica¬ 
tion I added to the proposed order the words which appear m my handwriting 
thereon, “ or such other place as the court shall direct,” because of some sugges¬ 
tion from the attorneys from Ward that they were expecting or desiring to enter 
the order in Albany Countv. and the typewritten portion of the proposed order 
referred only to Columbia County, because, as I stated on making that application, 
that a direction to enter the final order in Columbia County would permit its 
immediate entry that morning, the Columbia County clerk's office being about 800 
yards from Judge Edwards’s chambers. , 

(Affidavit and proposed order offered in evidence and marked, Contestant s 

Exhibit A, May 12, 1897.) , T -, « •, , , t 

Q. What disposition was made of that application?—A. Judge Edwards refused 

to grant the order. 


100 


FAIRCHILD VS. WARD. 


Q. What attitude did Judges Cadman and Cady occupy concerning that appli¬ 
cation?—A. They opposed it. 

Q. At what hour of the day was that application made?—A. Between 9 and 10 
o’clock in the morning. 

Q. What discussion, if any, occurred respecting that particular application?— 
A. General Tracy, in pressing the application, urged that the time before election 
was very short, and in order to preserve Mr. Fairchild’s rights on appeal it was 
necessary that the order should be entered immediately. 

Q. What time of the day did the question arise regarding an amendment of the 
final order?—A. That arose later in the day, after Mr. Fairchild and myself had 
obtained a copy of the final order during a recess of the court. 

Q. Prior to the recess of the court what were the subjects of discussion before 
Judge Edwards?—A. Our efforts to procure the production in court before Judge 
Edwards the final order; also to procure its entry immediately, and also the imme¬ 
diate entry of the five intermediate orders. 

Q. Mr. Bevans, I read from the cross-examination of Andrew Davidson, a wit¬ 
ness on behalf of the contestee herein, examined on the 2od day of April, 1897, in 
reference to the subject of certifying Mr. Fairchild’s name by the secretary of 
state under the emblem of a protection flag, as follows: 

“Q. Do you recall that subsequent to your first interview with Mr. Bevans 
upon that day you telephoned to Mr. Bevans at the Kenmore Hotel?—A. Yes, sir. 

“ Q. In regard to that matter?—A. Telephoned-to him subsequently to his 
appearance, in which he suggested action under section 51. 

“Q. Do you recall what that telephone message was?—A. I could state when 
Mr. Bevans first appeared I said I did not think it was the duty of the secretary of 
state to certify as suggested. Then I had doubts about it, and Mr. Bevans left. 
I went over to the attorney-general's office to have those doubts removed if possi¬ 
ble, and I found his representative there (Mr. Parsons) and he said there was no 
discretion as to the duty on the part of the secretary of state in the matter, and 
that seemed to be the view of the old regime in the office here, and I coincided and 
I thought that was correct. As soon as I determined it was the duty of the office 
to certify as suggested, I called up Mr. Bevans at the Kenmore Hotel and notified 
him of the decision. 

Q. Prior to the first conference with Mr. Bevans upon that day your attention 
had not been then called to the provisions of section 51 to which you were re¬ 
ferred?—A. No, sir. 

“ Q. And you knew nothing of those provisions?—A. No, sir. 

“ Q. You construed Mr. Bevans’s suggestion as a request to have Mr. Fairchild's 
name certified in a separate column from the Republican column?—A. That was 
the construction I put upon the suggestion. 

“Q. Subsequent to the telephone message, did not Mr. Bevans again appear 
with Mr. Fairchild and confer with you in regard to the matter?—A. I think you, 
Mr. Fairchild, did. There were some suggestions made. 

‘ 4 Q. Can you now state whether Mr. Bevans’s request upon his first interview was 
a request to have Mr. Fairchild's name certified in a separate column or a request 
that it be certified under the name and emblem selected by Mr. Fairchild?—A. I 
don’t remember. I know there was a suggestion made as to the name and emblem. 

“Q. Mr. Davidson, when Mr. Fairchild and Mr. Bevans called together at your 
office subsequent to your telephone message to Mr. Bevans that you were going to 
certify Mr. Fairchild’s name upon the ballot, did not Mr. Fairchild state to you 
that he called for the purpose of correcting a misapprehension upon your part and 
that he made no demand or request to have his name certified in a separate column 
and only requested that if his name was to be certified at all he should be accorded 
the courtesy of naming the emblem and the party name?—A. As to the first part 
of the double question, or the first part of the question, 1 will answer 1 don’t 
remember; 1 can't say that it may have been at your suggestion. But as to the 
latter—as to the designation of the name of the party and the emblem—why I 
remember talking with you about it. 

“Q. Didn't Mr. Fairchild call your attention to the fact that the wording of 
section 51 gave to the secretary of state the sole privilege of selecting any name 
and emblem he might desire, and that he, therefore, could, under the statute, 
select a name and emblem obnoxious to the candidate, and that his suggestions 
were made only to save himself from any such situation?—A. I don’t remember 
any suggestion of that kind, because the secretary of state had already determined 
that it was his duty under the section to act. I don't recall any conversation. 

“Q. Didn’t Mr. Fairchild, as an illustration of his suggestion regarding the 
possible obnoxious name, state to you that the prerogative of the secretary of state 
under that section was so unqualified that he could if he wished select an anarchist 


FAIRCHILD VS. WARD. 101 

flag and the name of the socialist party as the name and emblem over which to 
certify his name?—A. I don't recall anything of that kind, Mr. Fairchild. 

“Q- Your memory now as to the details of that conversation is not clear?—A. 
My memory is as stated upon the subject which you are inquiring about. 

“Q* That conversation may have occurred, as embodied in the questions just 
asked you?—A. Yes; it may have occurred. 

Q. You do recall that Mr. Fairchild’s visit to you was after you had telephoned 
to his attorney at the Kenmore Hotel that you were going to certify the name in 
a separate column?—A. It was.” 

Now, Mr. Bevans, will you state the conversation between Mr. Fairchild and 
Mr. Davidson on that occasion?—A. I was present at the conversation between 
Mr. Fairchild and Mr. Davidson. Mr. Fairchild stated to Mr. Davidson that he 
called to prevent any misunderstanding in reference to his position concerning his 
name going on the official ballot in a separate column. That he did not make any 
such demand. That he merely wished to be accorded the privilege of designating 
a party name and emblem in case the secretary of state proposed to certify his 
name in a separate column. He called Mr. Davidson's attention to the fact that 
the wording of the statute gave the secretary of state full power to name a party 
emblem and name, and he could name one distasteful to the candidate and the 
candidate could have no help for it. And he used, as an illustration, the sugges¬ 
tion that he might even name a socialistic party and anarchist flag. 

Q. Were 3 7 ou present at the agument of the appeal in the appellate division?— 
A. I was. 

Q. Did you hear the argument of John Cadman in behalf of Ward?—A. I did. 

Q. What, if anything, was said by John Cadman in his argument regarding 
lack of time to reprint the ballots?—A, He contended that if a decision reversing 
Judge Edwards was made it would be impossible to reprint the ballots in accord¬ 
ance therewith in time for the election, and would, therefore, invalidate the elec¬ 
tion. He presented affidavits of some printer publishing a newspaper in the city 
of Newburgh, N. Y., that ballots could not be printed in time. Counter affidavits 
were presented on our part that ballots could be printed in time. 

Q. I show you affidavits already marked for identification Exhibits A, B, C, and 
D.—A. These are the affidavits presented and read in court by Mr. Fairchild. 

(Offered in evidence and marked Exhibits B, C, D, and E of this date.) 

Q. Do you recall what, if anything, was said before Judge Edwards on October 
14 containing copies of the additional affidavits filed by Ward?—A. The envelope 
which had contained the copies served on Mr. Fairchild’s counsel was produced 
and the attention of the court was called to the fact that it appeared from the 
postmark that the affidavits were mailed in New York City at 10 o'clock a. m. of 
October 9, 1890. 

Q. Under New York practice, what disposition would be made by the court of 
appeals of objections to an appeal being heard upon evidence that the appellate 
division heard the appeal upon an incorrect record?—A. It would be remanded 
for a correction of the record and for a reargument in the appellate division on 
the corrected record. 

Lyman H. Bevans. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] J. Murray Downs, 

Notary Public, Albany County, N. Y. 

ROBERT G-. SCHERER, being duly sworn, deposes and says as follows: 

Examined by Mr. Ben L. Fairchild: 

Q. What is your name and place of residence?—A. Robert G. Scherer, and I 
reside at 618 Madison avenue, in the city of Albany, N. Y. 

Q, Are you the member of assembly for the First district of Albany County?— 
A. I am; I have been a member of the assembly from that district for the years 
1896 and 1897. 

Q. Were you the chairman of the judiciary committee of the assembly during 
the year of 1897?—A. I was and am. 

Q. You are a practicing attorney, are you not?—A. I am; I have been for the 
last fifteen years. 

Q. Did you accompany General Tracy to Judge Andrews in making an applica¬ 
tion for an order to show cause, bringing an appeal from the decision of the third 
appellate division in the Sixteenth Congressional district controversy on, to be 
heard forthwith in the court of appeals?—A. I did. 

Q. When and under what circumstances and with what results?—A. On the 


102 


FAIRCHILD VS. WARD. 


Friday morning, about 8 o’clock, previous to the Tuesday on which the general 
election for Congressmen was to be held in November, 1896, and this was the 
morning following the day on which the decision of the appellate division was 
handed down and entered in the Albany County clerk's office. General Tracy 
stated to Chief Judge Andrews, of the court of appeals, that he desired to make an 
application for an order to show cause, returnable by 1 o'clock of that day, why 
the appeal from the decision of the appellate division which was rendered the day 
previous in the matter of the objections to the certificate of nomination of Ben 
L. Fairchild for Congressman should not be heard forthwith. General Tracy also 
stated to Chief Judge Andrews the nature of the case, and if a judgment of the 
court of appeals was to be effectual before election it must be heard that day. 
Judge Andrews said that the court would adjourn on that day at 2 o’clock and 
would not meet again until some time after election: that the judges had made 
arrangements to leave that day, and, in fact, Judge Haight had spoken to him the 
day before and said he would leave before adjournment. Judge Andrews also 
said he would not grant an order on so short a notice, but would have granted the 
order if a longer notice could have been given to the other side. 

Q. Would you have been able to secure the order to show cause if the applica¬ 
tion could have been made the day previous, so that it would not have been neces¬ 
sary to have the order made returnable the same day?—A. I certainly believe we 
could; from what Judge Andrews said, I have no doubt about it. 

Robert G. Scherer. 

Subscribed and sworn to before me this 12tli day of May, 1897. 

[seal.] J. Murray Downs, 

Notary Public, Albany County, N. Y. 


Contestant’s Exhibit B.—May 12, 1897.—J. M. D., notary. 

City and County of New York, ss: 

Charles G. Crawford, being duly sworn, says he is a printer in the city of 
New York, and has been for thirty-five years; that he is well acquainted with the 
form and matter on an official ballot within the State of New York; that if he 
received an order for 160,000 of such ballots Friday night of this week at 6 o’clock 
lie could complete their printing in sixty hours; that there a dozen printing offices 
in the city of New York where the work could be done in about the same time, 
and if the order were given to them simultaneously the work could be completed 
in forty-eight hours. 

Wynkoop Hallenbeck Crawford Co., 
Charles G. Crawford, Vice-President. 

Sworn to before me this 27th day of October, 1896. 

[seal.] Raphael M. Matteson, 

Notary Public, New York County. 


Contestant’s Exhibit C.—May 12, 1897.—J. M. D., notary. 

City and County of New York, ss: 

G. Radford Kelso, being duly sworn, deposes and says: That he is the man¬ 
ager and secretary of the printing business of The Martin B. Brown Co. in 
the city of New York; that he has printed the official ballots in the city of New 
York for many years last past; that if he receives an order for the printing of the 
official ballots in the Sixteenth Congressional district on Friday afternoon of this 
week he can print and have ready for delivery the said ballots in time for distri¬ 
bution and use on election day, November 3rd, 1896. 

G. Radford Kelso. 

Sworn to before me this 26th day of October, 1896. 

Robt. M. Outwater, 
Commissioner of Deeds, New York County. 

Contestant’s Exhibit D.—May 12, 1897.—J. M. D., notary. 

City and County of New York, ss: 

W. H. Hendrickson, being duly sworn, says he is a printer in the city of New 
York, and has been for thirty years; that he is well acquainted with the form and 
matter on an official ballot within the State of New York; that if he received an 


FAIRCHILD VS. WARD. 


103 


order for 160,000 of such ballots Friday night of this week at 6 o’clock he could 
complete their printing in forty hours: that there is a dozen printing offices in the 
city of New Aork where the work could be done in about the same time, and if 
the older were given to them simultaneously the work could be completed in 
twenty hours. 

Globe Printing Co., 

By W. Hendrickson, Foreman. 

Sworn to before me this 27th day of October, 1896. 

J. L. Carborell, 
Notary Public, Neiv York County. 

Contestant’s Exhibit E.—May 12, 1897.—J. M. D., notary. 

State of New York, 

City and County of Albany, ss: 

James J. Vance, being duly sworn, says that he resides at Albany, N. Y., 
and that he is superintendent of the Weed-Parsons Printing Co., located at 
Albany. N. A.: that he has had large experience in practical printing and is 
familiar with the manner of doing the same and the time it takes to do it; that 
said company has, during the past years, printed large numbers of the official and 
sample ballots for use in this State under the election law. and deponent is famil¬ 
iar with the manner in which such ballots are printed; that said company has the 
capacity, ability, and facilities, and can print and deliver one hundred thousand 
official ballots and twenty-five thousand sample ballots within thirty-five hours 
after the order for the same has been left or given to said company. 

James J. Vance. 

Subscribed and sworn to before me this 28th day of Oct., 1896. 

* L. H. Be vans, 

Commissioner of Deeds, Albany, N. Y. 

Contestant's Exhibit A.—May 12, 1897.—J. M. D., notary. 

Supreme Court. In the matter of objections to the certificate of nomination of 

Ben L. Fairchild for Representative in Congress. 

On the affidavit of Lyman H. Bevans, verified on the 17th day of October, 1896, 
a copy of which is hereto attached, and on the decision of Mr. Justice Edwards 
herein and the order signed by him on the 16th day of October, 1896, and on all 
the other proceedings heretofore had herein, let J. Rider Cady and John Cadman, 
esqrs., the attorneys for the complainant herein, show cause before me at my 
chambers in the city of Hudson, N. Y., forthwith why said order herein should 
not be entered and why an order should not be made directing them to enter the 
same in the Columbia County clerk's office in the city of Hudson, N. Y., or such 
other place as the court shall direct. 

Dated Hudson, N. A"., October 17, 1896. 

Supreme court. In the matter of objections to the certificate of nomination of 

Ben L. Fairchild for Representative in Congress. 

State of New York, Columbia County, ss: , 

Lyman H. Bevans, being duly sworn, says that he is one of the attorneys for 
the above-named Ben L. Fairchild herein: that this matter came on for a hearing 
before Mr. Justice Edwards, at the city of Hudson, N. Y., on the 14th day of Octo¬ 
ber, 1896; that thereafter and on the 16th day of October, 1896, Mr. Justice 
Edwards rendered his decision thereon, and on the same day signed the order on 
said decision in triplicate, and delivered the said three orders so signed to John 
Cadman and J. Rider Cady, esqrs., the attorneys for the complainant herein. On 
information and belief, as deponent is informed by the clerk of the county of 
Columbia, that the said order has not been entered in the Columbia County clerk’s 
office. Deponent further says that the said attorneys for complainant have refused 
to deliver either of said orders so signed or a copy of them to deponent, as the attor¬ 
ney for said Fairchild, although deponent has requested them to do so. and that 
said attorneys have also refused to allow dejionent to inspect said orders or either 
of them, or to make a copy of them, although he has requested them to do so. 
Wherefore deponent asks an order directing said attorneys to show cause why 


104 


FAIRCHILD VS. WARD. 


said order should not be entered in the Columbia County clerk's office. No other 
application for this order has been made. 

Lyman H. Bevans. 


Subscribed and sworn to before me October 17, 1896. 

Samuel Edwards, 

Justice Supreme Court. 

City, County, and State of New York, ss: 

Ben L. Fairchild, being duly sworn, says that while he was away from his 
office attending to the matter of examining witnesses in the above-entitled case a 
letter arrived at his office from Mr. Frank C. Kingsland, his former secretary, 
residing in Washington, stating that he had been informed at the post-office of the 
House of Representatives that a package of testimony on behalf of contestant in 
this case was being held there for postage due. Affiant enclosed fifty-eight cents 
in postage stamps to the Postmaster of the House of Representatives on the 3rd 
inst. Affiant received no reply from said Postmaster until May 13th, when he 
received a letter from said Postmaster under date of May 12th, returning said 
fifty-eight Cents in postage stamps and informing affiant that “immediately upon 
receipt of the package in question he notified Mr. McDowell's office, and they 
stated they had no fund out of which to pay postage due;" that the said Post¬ 
master then notified affiant's secretary by mail and held the package in the office 
for a number of days, but heard nothing from him, and so returned the pack¬ 
age to the Washington City post-office; that on receipt of fifty-eight cents from 
affiant he again called at the city post-office for the package, and was informed 
that it had been returned to the sender. Affiant begs to refer to the annexed affi¬ 
davit of Dwight W. De Motte, the notary before whom said testimony was taken, 
where he states that the package has not been returned to him, and that he has 
heard nothing from it from the Post-Office Department, but has now instituted a 
search for the same; also to the affidavit of the stenographer employed by said 
notary. 

Ben L. Fairchild. 


Sworn to before me this 18th day of May, 1897. 
[seal.] 


Cert, filed in N. Y. Co. 


Notary Public, 


Paul Gorham, 
Kings County. N. 


Y. 


City t , County, and State of New York, ss: 

Dwight W. De Motte, being duly sworn, says that he is the notary public 
before whom the testimony referred to in the annexed affidavit of Henrietta B. 
Kinnersley was taken in the above-entitled contest. That affiant sealed the pack¬ 
age of testimony referred to in said affidavit, and endorsed it in accordance with 
the requirements of the United States statute, and addressed it to the Clerk of 
the House of Representatives, Washington, D. C. That said package has not 
been returned to him, nor has he heard anything regarding it from the Post-Office 
Department. That within the past two days affiant has been informed by Ben L. 
Fairchild, the contestant above named, that said package has not reached its des¬ 
tination because of lack of postage. That affiant, upon receiving such information, 
immediately caused a search to be made by the officials of the Post-Office Depart¬ 
ment, which search is now progressing. 

Dwight W. De Motte. 

Sworn to before me this 18th day of May, 1897. 

[seal.] Paul Gorham, 

Notary Public, Kings County. 

(Certificate filed in New York County.) 

City, County, and State of New York, ss: 

Henriette B. Kinnersley, being duly sworn, says that she is employed as 
stenographer in the office of Dwight W. De Motte, esq., the notary public before 
whom testimony in the above-entitled contest was taken from the 18th to the 24th 
of March, 1897. That after the completion of said testimony said Dwight W. 
De Motte sealed the testimony in the presence of affiant, addressed and endorsed 
it. and handed it to affiant, together with a dollar bill, with instructions to take 
the package to the post office and ascertain the amount of postage required and 
place such amount of postage on the package. That he specifically instructed me 
to be very careful and have the package weighed at the post-office and ascertain 
the amount of postage required. That in pursuance of such instructions affiant 
thereupon immediately went to the general post-office in the city of New York 


FAIRCHILD VS. WARD. 


105 


and handed to the clerk at the postage-stamp window at said office the dollar bill 
and the package, and stated to said clerk that she wished the number of stamps 
required for that package. That said clerk thereupon weighed said package and 
handed affiant postage stamps to the amount of twenty-four cents and change for 
the dollar bill, and affiant thereupon placed all of said stamps so furnished by 
said clerk upon said package and mailed the same. Said package was addressed 
to the Clerk of the House of Representatives of the United States, Washington, 
D. C. 

Henriette B. Kinnersley. 

Sworn to before me this 18th day of May, 1897. 

[seal.] Paul Gorham, 

Notary Public , Kings County. 

(Certificate filed in New York County.) 

State op New York, 

City and County of New York, ss: 

Ben L. Fairchild, being duly sworn, says that he is the contestant above 
named; that on December 15tli, 1898, the result of the election of November 3rd, 
1896, for Congressman from the 16th Congressional district was determined by 
the board of canvassers authorized by law to determine the same; that on Janu¬ 
ary 14th. 1897, affiant caused to be served upon the eontestee, William L. Ward, 
the notice of contest herein, that day being the thirtieth day from the announce¬ 
ment of the result by said State board of canvassers; that if eontestee had not 
served his answer prior to thirty days from the service of notice of contest, the 
expiration of the ninety days for taking testimony would not have occurred until 
midnight of May 14th, 1897; that said eontestee did, however, serve his answer 
upon the 13th day of February, 1897, whereby said ninety days for taking testi¬ 
mony expired at midnight of May 12th, 1897; that during the ten days in rebuttal, 
which commenced on'May 3rd, 1897, affiant proceeded with all reasonable dispatch 
in finding his witnesses, serving notices for taking testimony, and taking the tes¬ 
timony; that it was provided by one of said notices for taking testimony that sev¬ 
eral witnesses should be examined in Albany at 12 o'clock on May 12tli, 1897; that 
witnesses were being examined in New York City on the morning of that day, in 
pursuance to adjournment from the day previous, and, therefore, affiant tele¬ 
graphed the notary in Albany requesting him to adjourn the taking of the testi¬ 
mony until after the arrival of the train reaching Albany at 4.15 p. m. 

Affiant arrived at Albany at the hour named, and learned from the notary that 
J. Rider Cady, one of the attorneys for Mr. Ward, had appeared, but had refused 
to remain, and had caused to be entered upon the record his grounds for refusing 
to remain, and that said attorney left with the statement that he was going to 
Washington and would not be present at the taking of said depositions; that 
before said attorney left the office of said notary, and prior to said attorney noting 
his objections upon the record, said notary, as affiant is informed by said notary 
and believes, read said telegram to said attorney, and informed him that the hear¬ 
ing would be adjourned, all of which, including the direction of the notary for 
adjournment, appears in full in the minutes of said proceedings, as certified to the 
Clerk of the House of Representatives by said notary; that said depositions were 
taken during the evening of May 12th, in pursuance of adjournment directed by said 
notary, and were concluded on that evening, and affiant has been informed and 
believes that said depositions have since been forwarded to Washington in accord¬ 
ance with request to said notary to certify and forward the same without unnec¬ 
essary delay, in accordance with statute. 

That affiant has been informed by letter from his counsel, Messrs. Dudley & Mich- 
ener, that the Clerk of the House of Representatives has proceeded on the 13th 
day of May to open the testimony, and that the Clerk of the House of Representa¬ 
tives claims that notice to that effect had been sent by registered letter to affiant. 
Affiant states that he has received no such notice and that said letter from Dudley 
& Michener, written subsequent to the opening of said testimony by the Clerk, 
was the first information received by affiant that such a notice had been sent; 
that if such notice had been received from the Clerk, affiant would have necessa¬ 
rily applied, immediately for an adjournment of said date, upon the ground that it 
would be physically impossible to have all the testimony which was then being 
taken delivered in the Clerk’s hands by the time said to have been named in such 
notice, and upon the further ground that the Clerk of the House of Representa¬ 
tives has no power to open depositions until “ all the packages of testimony in the 
case” have been received; that to do so would be a violation of statute on the part 
of the Clerk, from which statute affiant here quotes. 

That affiant is also informed by said letter from his said counsel that counsel 


106 


FAIRCHILD VS. WARD. 


for Mr. Ward informed the Clerk of the House of Representatives on the 13th of 
May that affiant had said in the hearing of said Ward’s counsel that affiant had 
received such notice. Affiant states that neither Mr. Ward’s counsel nor anyone 
else ever heard affiant make any such statement. No such statement has ever 
been made by affiant. 

Affiant further states that all the testimony taken in rebuttal was in pursuance 
of a written notice served upon said Ward, as appears from the proofs of service 
attached to each of said notices, in time to allow said Ward sufficient time by the 
usual route of travel to attend and one day for preparation, exclusive of Sundays 
and the day of service. That in the case of sundry witnesses examined on the 11th 
day of May, 1897, the notice of taking the testimony of such witnesses was served 
upon said contestee five days in advance of the time named in the notice for tak¬ 
ing the depositions. That the depositions taken in pursuance of such notice, as 
well as other testimony taken in rebuttal, had not and could not have reached the 
Clerk of the House of Representatives on the 13th of May, the time set by said 
Clerk, as affiant is informed and believes, for the opening of depositions in this 
case. 

Ben L. Fairchild. 

Sworn to before me this 18th day of May, 1897. 

[seal.] * Paul Gorham, 

Notary Public, Kings County , N. Y. 

(Certificate filed in New York County.) 

City, County, and State of New York ss: 

Roger M. Sherman, being duly sworn, says that on or about the 28th day of 
April, 1897, affiant attended for about three minutes upon the taking of testimony 
in the above-entitled case in the office of D. O. Williams in Mt. Vernon, on the 
occasion when testimony was being taken on behalf of contestee. That during 
said three minutes he saw J. Rider Cady and H. C. Henderson, attorneys for said 
Ward, in the room, but held no communication with them. That he has not seen 
J. Rider Cady since, and has not exchanged words with H. C. Henderson since 
until May 15tli, 1897. That he has not, upon any occasion whatever, stated to 
either of said attorneys that Mr. Fairchild had received a notice from the Clerk of 
the House of Representatives that the testimony in the above-entitled case was to 
be opened on a day named. That affiant never made such remark to anybody, 
and affiant never heard that said Fairchild had received any such notice or any 
notice of any kind regarding the opening of testimony in this case. 

Roger M. Sherman. 

Sworn to before me this 18th day of May, 1897. 

[seal.] A. C. Waltermire, 

Notary Public, Neic York County. 




I 


CONTENTS. 


Page. 

Testimony for Contestant in Rebuttal...3-106 

Notices of taking depositions... 3-8 

Exhibit A.—Order of the court of Westchester County for opening cer¬ 
tain ballot boxes... 97 

Exhibit B 1.—Tally sheet of Westchester County election, November 3, 

1896. 98 

Exhibit B 2.—Deposition of Charles G. Crawford, vice-president of the 

Wynkoop-Hallenbeck-Crawford Company_ 102 

Exhibit C.—Deposition of G. Radford Kelso, manager of the Martin B. 

Brown Company..... l.. 102 

Exhibit D.—Deposition of W. D. Hendrickson, foreman of the Globe 

Printing Company...._.. 102 

Exhibit E.—Deposition of James J. Vance, superintendent of the Weed- 

Parsons Printing Company. 103 

Exhibit A.—Deposition of Lyman H. Bevans in the matter of objections 
to the certificate of the nomination of Ben L. Fairchild, for Repre¬ 
sentative in Congress. 103 

Depositions of Ben L. Fairchild___104-105 

Deposition of Dwight W. De Motte...... 104 

Deposition of Henriette B. Kennedy...... 104 

Deposition of Roger M. Sherman ... 106 

107 




































INDEX 


WITNESSES FOR CONTESTANT IN REBUTTAL. 

Allen, Aaron C........... 

Anderson, Andrew______ 

Austin, Wiiliam T..... 

Bassett, Benjamin..... 

Barstow. Jolim E______ 

Bender, Henry...... 

Bettels, William E___ .....:... 

Bevans, Lyman H..... 

Bissinger, Edward..... 

Bloxham, William J.... 

Bradbury, Charles F......... 

Capron, G. Truman.... 

Case, John________ 

Chapman, Frank W____ 

Church, John K______ 

Coffin, Albert S........ 

Connell, Alexander ... 

Connor, John B__........ 

Conover, Lawrence Y., jr_____1. 

Cotter, Richard N___... ... . 

Crumb, Leverett, F_____ 

Curry, Cassius C........ 

Du Bois, W. M_____ 

Ehing, Joseph....... . 

Elderldn, Homer E.... 

Ewing, Aaron M....... 

Fehr, Philip_________ 

Fielden, Henry ________ 

Fowler, Otis L_____ 

Fox, Julius________ 

Greenfield, Samuel_____ - --- 

Gustaveson, John ........ 

Hammond, Charles M... 

Heilman. Theodore A. C.------ 

Hennesey, William______ .. 

Horton, Samuel T...... 

Jenkins, John F..... 

Jung, Henry......-... 

Katz, Moses....... 

Kear, Edward B........ 

Lipman, Nathan....-. 

Livingston, Richard-------- 

Lyon, Frank M...- -.. 

McCarthy, George F_.... 

McGreal, James..... 

McMichael, James......-.. 

Manson, James S_..'.-. 

Mason, J. Prevot ..-.-...... 

Mason, William C...... 

Miner, Thomas T. W...... 

Mockabee, John B., jr...-.-.-. 

Moriarty, Daniel ......- 

Morrissey, John F. 


Page. 

85-96 

49 

23 

80 

55 

31 
16 

98-101 

58 

27 

56 
68-70 

83 

17 
20 
21 

18 

44 

47 
46 

70-76 

21 

67 

51 
79 

45 
13 
66 

55 

52 

56 

35 
10 
12 

38 
79 

77 

39 
27 
65 

9 

82 

78 
29 

48 

32 

53 

36 
34 

46 

57 

40 
29 


109 
























































110 


INDEX, 


Moseman, Mortimer W. 

Murphy, Daniel F. 

Nobis, Charles.. 

O’Brien, J. J__ 

Osborn, William H_ 

Ott, Frederick G_ 

Passe, Charles W_ 

Pease, Samuel F. 

Pfortner. Rudolph. 

Pierce, Frank E. 

Plumb, Merwin B_ 

Radzinsky, Charles A .. 

Raynor, James H._. 

Reinisch. Charles H_ 

Reitter, George__ 

Riemenschnider, Louis . 

Rietter, John_... 

Roper, John B. . 

Scherer, Robert G_ 

Schiele, Charles_ 

Schmid, Philip_ 

Schmid, William F_ 

Schmidt, Joseph J_ 

Scholle, Charles_ 

Secor, James F., jr. 

Sharp, Edwin H__. . 

Smith, Alfred E.... 

Smith, George D_ 

Smith, George Drake_ 

Smith, Richard H .. 

Smith, Samuel H_ 

Schmitt, Otto T_. 

Stewart, John N. 

Stringham, Ira L. 

Stomberger, Rudolph E. 

Stumpf, Anthony. 

Stumpf. Edward C_ 

Tappen, Henry.. 

Taubert, William H_ 

Thomas. J. Cave_ 

Tracy, Benjamin F__ 
Van Orden, Archibald S 
Van Orden, Edward L__ 

Walter, Louis_ 

Weill, Joseph J__.. 


Page, 

19 

54 

24 

42 

24 
57 
53 
11 
39 
19 

13 
37 
23 

41 

25 

32 

26 
28 

101 

15 

48 

50 

50 

28 

63 
34 

64 

42 
61 

30 

65 
60 
96 
25 
59 
59 

14 
53 

31 

33 
83 

9 

11 

43 
43 


OFFICERS BEFORE WHOM DEPOSITIONS WERE TAKEN. 


Aschoff, Victor. 78-97 

Brown, William I........... 9-62 

Downs, J. Murray. 98-103 

Ford, Wm. W......"_63-78 

Gorham, Paul.. 104-106 


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